Visa Lawyer Blog

Articles Posted in Work Visas

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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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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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patriot-5382547_1280As we celebrate the contributions of hardworking individuals across the nation, we want to take a moment to thank you — our valued clients — for your trust and partnership.

We’re proud to support individuals and families who work tirelessly to build new lives, strengthen their communities, and pursue opportunities in a new country. Your dedication inspires the work we do, and we’re honored to stand beside you in your legal journey.

Wishing you and your loved ones a safe, restful, and well-deserved Labor Day!

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usa-8643859_1280On August 21, 2025, Secretary of State Marco Rubio announced that the State Department is temporarily pausing the issuance of work visas for foreign nationals seeking employment as commercial truck drivers in the U.S.

“Increasing numbers of foreign drivers behind the wheels of large tractor-trailers on America’s roads are putting lives at risk and threatening the jobs of American truckers,” Rubio stated in a post on X.

The likely reason behind this drastic move is a deadly highway crash that occurred in the state of Florida, involving a commercial truck driver who made an illegal U-turn killing at least three people.

Federal authorities claim that the driver entered the United States illegally, did not speak English, and held a limited-term commercial driver’s license from the state of California. According to the California Department of Motor Vehicles (DMV), the federal government confirmed the driver’s legal presence in the United States when it approved his commercial driver’s license in 2024.

Earlier this year, President Trump signed an executive order directing the enforcement of a rule requiring commercial drivers in the U.S. to meet English proficiency standards, with violators subject to being taken out of service. Based on an internal investigation conducted by the U.S. Department of Transportation, the driver failed to establish English proficiency “providing correct responses to just two of 12 verbal questions and only accurately identifying one of four highway traffic signs.”

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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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hand-634653_1280In a recent interview with the New York Times, published on July 25th the new director of the U.S. Citizenship and Immigration Services (USCIS) Joseph Edlow told reporters that the agency is planning sweeping changes to the way the agency awards visas for H-1B high-skilled workers in specialty occupations.

Under current provisions, USCIS conducts a random lottery to select enough applicants to fill the government’s annual H-1B visa quota of 85,000 visas. But that may all soon change.

As we reported last week, the government has been quietly advancing efforts to reform the H-1B visa selection process. On Thursday last week, the Department of Homeland Security submitted a proposed rule—RIN 1615-AD01, titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions” aimed at significantly restructuring the selection system for cap-subject H-1B specialty occupation visas. The proposal is now under review by the White House Office of Information and Regulatory Affairs.

It has not yet been made public, but once approved, the government is required to publish the proposed rule in the Federal Register for public comment as part of the formal rulemaking process.

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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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calendar-1559935_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the August 2025 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of August.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of August.

Please click here for more information.

Highlights of the August 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of August?

Employment-Based Categories

Final Action Advancements

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 Worldwide, Mexico, Philippines retrogressed by 1.4 months to September 1, 2023

EB-3 Professionals and Skilled Workers and Other Workers

  • EB-3 India will advance by 1 month to May 22, 2013

EB-5 Unreserved Categories (C5, T5, I5, and R5)

  • India will advance by 6.5 months to November 15, 2019
  • China will advance by 22.5 months to December 08, 2015

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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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