Visa Lawyer Blog

Articles Posted in White House

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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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prison-370112_1280Introducing sweeping changes, U.S. Citizenship and Immigration Services (USCIS) has expanded its role by gaining law enforcement powers previously limited to agencies like Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).

Under a new final rule published today, USCIS will now recruit 1,811-classified special agents—fully empowered officers with authority—to investigate, arrest, and prosecute individuals violating U.S. immigration laws.

What’s Changed?

  • Law Enforcement Authority: The newly designated USCIS special agents are authorized to carry firearms, execute search and arrest warrants, make arrests, and use force—including in pursuit and potentially lethal situations—under standard federal law enforcement protocols.
  • Operational Autonomy: Previously, USCIS investigations—especially those involving criminal violations—were referred to Immigration and Customs Enforcement (ICE).
  • Enforcement Agency: Now, USCIS itself can manage law enforcement investigations from start to finish, including investigating civil and criminal violations within the jurisdiction of USCIS and ordering expedited removal when warranted.

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update-1672349_1280On September 3, 2025, the Department of Homeland Security (DHS) announced the termination of the 2021 designation of Temporary Protected Status (TPS) previously granted to Venezuelans by President Biden.

The government’s actions mean that the 2021 designation for Venezuela TPS and any associated TPS-related protection and documentation for beneficiaries will expire on September 10, 2025. The termination becomes effective 60 days after publication of the Federal Register notice.

Venezuelans have long been targeted by the Trump administration due to organized crime from violent Venezuelan gangs such as the Tren de Aragua.

Therefore, it comes as no surprise that President Trump has called to dismantle TPS protections for Venezuelan nationals.

What this means

  • 2021 Venezuela TPS Designation: TPS will remain valid for current beneficiaries until September 10, 2025. The termination of the 2021 designation cannot take effect until 60 days after the termination notice is published in the Federal Register.

All TPS protection and associated work authorization will expire on the dates indicated above.

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marek-studzinski-9U9I-eVx9nI-unsplash-scaled

A new UC Berkeley IGS poll shows that a strong majority of California voters disapprove of the Trump administration’s immigration enforcement tactics. Nearly 70% of respondents said they are unhappy with how immigration is being handled in the state — and many reported emotional responses to images of raids, describing them as unfair and upsetting.

The poll reveals a sharp political divide. Ninety-five percent of Democrats expressed disapproval with Trump’s immigration enforcement, while 79% of Republicans voiced support. Emotional reactions followed suit: most Democrats said they felt anger or sadness when shown footage of enforcement actions, while most Republicans felt hopeful or satisfied.

Specific policy questions revealed more tension. An overwhelming majority of Democrats support requiring immigration agents to wear visible ID and oppose raids in places like schools and hospitals. Republicans were more divided, with only about half supporting agent identification and a slight majority favoring enforcement in public spaces.

The issue of birthright citizenship also proved polarizing. 67% of Republicans said they support ending automatic citizenship for children born to undocumented parents, while 92% of Democrats opposed such a move.

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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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raul-najera-TAqspfWom04-unsplash-scaledOn Friday August 15th, the U.S. Citizenship and Immigration Services (USCIS) released a new policy memorandum (PM-602-0188) increasing the scrutiny of applications for U.S. citizenship, as part of the Trump administration’s latest efforts to tighten eligibility for naturalization.

Specifically, USCIS has directed immigration officers to evaluate additional factors when assessing whether applicants demonstrate “good moral character,” a key requirement for naturalization, alongside passing English and civics tests.

The requirement of “good moral character” is typically met when applicants have no criminal history or have not engaged in conduct that would disqualify them from U.S. citizenship, such as committing violent crimes or aggravated felonies.

Friday’s policy memorandum however expands this determination stating that the “good moral character” assessment must involve more than a “cursory mechanical review focused on the absence of wrongdoing.” The expanded policy will now require “a holistic assessment of an alien’s behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.”

This directive mandates greater scrutiny of factors that could show a lack of “good moral character,” which go beyond the crimes and disqualifying conduct previously taken into consideration by USCIS.

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the-now-time-KXUKLB-_Sb0-unsplash-scaledOn August 1st the U.S. Citizenship and Immigration Services (USCIS) announced new policies that could make immigrants applying for green cards through family-based petitions more vulnerable to deportation.

The changes appear in various updates to USCIS’ Policy Manual which states that immigration officials can begin removal proceedings for immigrants who lack legal status and apply to become permanent residents through family-based petitions.

According to the Policy Manual, “if USCIS determines the alien beneficiary is removeable and amenable to removal from the United States, USCIS may issue a Notice to Appear (NTA) [in immigration court] placing the beneficiary in removal proceedings. Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal.”

The new policy went into effect immediately and applies to pending requests for a green card, and those filed on or after August 1st.

While the practical impact of this policy is yet to be seen, it provides immigration officials with more discretion to initiate removal proceedings even where a green card application is pending with USCIS, for those who entered the U.S. illegally, overstayed a U.S. visa, or otherwise failed to maintain their legal status.

These policy changes underscore the importance of maintaining underlying legal status throughout the green card process. Those who lack legal status or who lost their status during the green card process may be most at risk.

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judge-8779957_1280In a significant victory for civil rights and immigrant advocacy groups, a federal appeals court has upheld a lower court’s decision to temporarily block federal immigration agents from conducting immigration-related arrests in Los Angeles without reasonable suspicion.

The Ninth Circuit Court of Appeals issued the ruling late Friday, marking a major legal development in the ongoing battle over immigration enforcement and constitutional protections.

At the heart of the case is the question of whether federal agents can detain individuals based solely on generalized characteristics such as race, ethnicity, or language. The appeals court was clear: they cannot.

A Firm Rejection of Racial Profiling

The three-judge panel ruled that U.S. Immigration and Customs Enforcement (ICE) and other federal agents cannot use factors like “apparent race, ethnicity, speaking Spanish or speaking English with an accent, particular location, and type of work” as the basis for reasonable suspicion to stop an individual. Even taken together, the court stated, these characteristics form only a broad profile and fail to meet the legal standard required for a lawful stop.

“We agree with the district court that…these factors do not demonstrate reasonable suspicion for any particular stop,” the panel wrote, emphasizing the constitutional protections that apply to all individuals, regardless of immigration status.

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interview-7323656_1280Starting September 2, 2025, the U.S. Department of State will implement major changes that limit eligibility for nonimmigrant visa interview waivers.

Under the State Department’s new revised policy, most applicants—including children under 14 and adults over 79—will be required to attend an in-person interview with a U.S. consular officer, with limited exceptions.

This new policy replaces the previous Interview Waiver Update issued on February 18, 2025, and will significantly impact individuals seeking to travel to the United States on a nonimmigrant visa including workers seeking to renew their visas.

Who Can Still Qualify for an Interview Waiver After September 2?

Although the new rules tighten overall interview requirements, certain applicants may still be eligible for an interview waiver, including:

  1. Certain Diplomatic and Official Visa Holders

Applicants under the following visa classes are exempt from the interview requirement:

  • A-1, A-2 (representatives of foreign governments)
  • C-3 (excluding attendants or personal staff)
  • G-1 through G-4 (representatives of international organizations)
  • NATO-1 through NATO-6
  • TECRO E-1 (Taipei Economic and Cultural Representative Office officials)
  1. Diplomatic or Official-Type Visa Applicants

Those applying for visas that support diplomatic or governmental missions may still be eligible for interview waivers.

  1. Applicants Renewing Certain B Visas or Border Crossing Cards

Applicants may qualify for an interview waiver if they meet all the following conditions:

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programming-8450423_1280A new Department of Homeland Security (DHS) proposed rule known as RIN 1615-AD01 “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions,” seeks to make radical changes to the selection process for new H-1B specialty occupation cap-subject visas.

On Thursday last week, the proposed rule was quietly sent to the White House Office of Information and Regulatory Affairs for review.

If approved, USCIS will publish the proposed rule in the Federal Register for public comment. Once the comment period has closed, USCIS will review the public comments and submit a final rule in the Federal Register with a future effective date.

What is the H-1B Visa Program

The H-1B visa program allows U.S. employers to temporarily hire foreign workers in specialty occupations that require specialized knowledge and at least a bachelor’s degree.

Each fiscal year, U.S. Citizenship and Immigration Services (USCIS) conducts a random lottery to select enough applicants to fill the government’s annual H-1B visa quota of 85,000 visas—65,000 for regular applicants and 20,000 allocated for workers with advanced degrees from U.S. institutions.

Due to high demand, a lottery system is used to randomly select from the pool of eligible registrations submitted by employers each spring. Selected applicants can then file full H-1B petitions for USCIS adjudication.

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