The State Department updated its guidance on Sept. 6 for all nonimmigrant visa (NIV) applicants scheduling visa interview appointments, effective immediately.

Key Points:

  • According to the Visa Office, NIV applicants “should schedule their visa interview at the U.S. Embassy or Consulate in their country of nationality or residence.” Nationals of countries where the U.S. does not conduct routine NIV operations must apply at designated embassies or consulates. A list of designated locations for NIV processing can be found here.
  • The guidance states that “existing nonimmigrant visa appointments will generally not be cancelled.”
  • Applicants must demonstrate residence in the country if applying in a country based on residency.
  • This guidance does not apply to applicants for A, G, C-2, C-3, NATO visas, diplomatic-type or official-type visas or applicants for any visa for travel covered by the United Nations Headquarters Agreement. Rare exceptions may also be made for humanitarian, medical or foreign policy reasons.
  • This update supersedes previous guidance on visa application requirements, including designated visa processing posts.

Additional Information: Wait times may be significantly longer for NIV applicants when applying outside one’s country of nationality or residence. Applicants should check embassy and consulate websites for more detailed information about visa application requirements and procedures, and to learn more about the embassy or consulate’s operating status and services.

In an Aug. 28 update, the State Department said it “is now requiring” immigrant visa applicants (including Diversity Visa applicants in the DV-2026 program year) to interview in the consular district designated for their place of residence, or in their country of nationality if requested, with limited exceptions. The NVC will schedule immigrant visa applicants accordingly starting Nov. 1, 2025.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Department of Labor posted the latest processing times for permanent labor certification (PERM) and prevailing wage determination (PWD) requests.

PERM Processing Times: As of Sept. 1, the department is adjudicating PERM applications filed in June 2024 and earlier and reviewing appeals for reconsideration filed in July 2025 and earlier.

These dates reflect the month and year in which cases were filed and are currently being adjudicated. The Reconsideration Request date for reviewing appeals reflects the month and year in which cases that are currently being reviewed were appealed. For various reasons, the Office of Foreign Labor Certification (OFLC) may be completing the processing of applications filed prior to the month posted.

Average Number of Days to Process PERM Applications

Determinations Month Calendar Days
Analyst Review August 2025 472
Audit Review N/A N/A

These dates reflect the amount of time to process applications. Actual processing times for each employer’s PERM application may vary from the average depending on material facts and individual circumstances of the case. The OFLC is reporting the average processing time for all PERM applications for the most recent month.

PWD Processing Times: As of Sept. 1, the National Prevailing Wage Center is processing PWD requests filed in May 2025 for H-1B and PERM OEWS* cases. For H-1B and PERM Non-OEWS* cases, the department was processing requests filed in March 2025 and earlier.

*OEWS and Non-OEWS are the sources used for determining the prevailing wage for a job. OEWS stands for Occupational Employment and Wage Statistics. Non-OEWS refers to other sources used for prevailing wage determinations, such as collective bargaining agreements or private wage surveys.

Redeterminations were being considered on appeals filed in May 2025 and earlier for both H-1B and PERM cases.

Center Director Reviews were being conducted for PERM cases filed in June 2025 and earlier. The OFLC has indicated that H-1B cases were “N/A” at this time, indicating this metric is not currently being tracked as a separate metric for this visa category.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Department of Homeland Security (DHS) announced the termination of the 2021 Temporary Protected Status (TPS) designation for Venezuela. U.S. Citizenship and Immigration Services announced the designation will end at 11:59 p.m. on Nov. 7, 2025, 60 days after the planned publication on Sept. 8 of the Federal Register Notice (FRN).

Key Points:

  • According to the notice, the decision follows an interagency review with the State Department and USCIS where it was determined that “conditions in Venezuela no longer meet the TPS statutory requirements.”
  • The advance copy of the FRN states, “DHS recognizes that Venezuela Temporary Protected Status beneficiaries under the 2021 designation continue to be employment-authorized during the 60-day transition period,” and will automatically extend the validity of certain Employment Authorization Documents (EADs) previously issued under the 2021 TPS designation of Venezuela through Nov. 7, 2025.
  • The notice states that TPS beneficiaries can show EADs with the notations A-12 or C-19 under “Category” and a “Card Expires” dates of Sept. 9, 2022; March 10, 2024; and Sept. 10, 2025, as proof of continued employment authorization through Nov. 7, 2025.

Additional Information: Under the TPS statute, DHS must review country conditions at least 60 days before a designation expires. If conditions no longer warrant protection, the designation may be terminated.

Regarding beneficiaries of the 2023 Venezuela TPS designation, in an appellate court ruling on Aug. 29, 2025, the Ninth Circuit Court of Appeals agreed with a lower court’s decision from March that had delayed the government’s cancellation of a Biden-era extension of TPS for Venezuela. That extension officially ended on April 7, 2025. However, because of a related ruling from the U.S. Supreme Court in May, the 2023 TPS designation is still considered expired while the case continues through the appeals process.

This means, as stated in a USCIS update, “All TPS-related documentation with a validity date of Oct. 2, 2026, received after Feb. 5, 2025, is no longer valid and those individuals under the 2023 designation no longer have TPS.”

BAL continues to monitor related developments and will provide updates as more information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The French government provided updates on salary thresholds for “Talent” residence permits, including a new standardized salary threshold as of Aug. 29, 2025.

Key Points:

  • The “Talent — Qualified Employee” residence permit now uses a standardized salary threshold based on an average annual gross salary set by ministerial order, rather than on the minimum wage. The ministerial order of Aug. 29, 2025, sets the average annual gross salary at 39,582 euros (about US$46,207).
  • The “Talent — EU Blue Card” residence permit continues to be calculated as 1.5 times the average annual gross salary established by the ministerial order, making the current applicable threshold 59,373 euros (about US$69,310).

This alert has been provided by the BAL Global Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Department of State announced on Sept. 2 that the annual limit for Employment-Based Second Preference (EB-2) immigrant visas has been reached for fiscal year (FY) 2025.

Key Points:

  • All available EB-2 visas for FY 2025 have now been issued, and embassies and consulates will no longer issue EB-2 visas for the remainder of the fiscal year.
  • The Immigration and Nationality Act (INA 203(b)(2)) mandates the EB-2 annual cap limit is set at 28.6% of the worldwide employment limit.
  • EB-2 visa issuance will resume on Oct. 1, 2025, when the annual limits are reset for FY 2026.

Additional Information: This development follows recent warnings of high demand and retrogression in the EB-2 visa category. Individuals may be eligible for an EB-2 visa if they are a member of the professions holding an advanced degree or its equivalent or a person who has exceptional ability.

In the August 2025 Visa Bulletin, BAL reported that the issuance total of EB-2 visas was rapidly approaching the annual limit for FY 2025 and that the annual limit would most likely be reached sometime in August.

BAL will continue to monitor visa availability and provide updates as new information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Office of Foreign Labor Certification (OFLC) announced an update to implementation of the 2023 H-2A Adverse Effect Wage Rate (AEWR) final rule following a district court’s recent order vacating the final rule.

Key Points:

  • The 2023 H-2A AEWR final rule revised the methodology for determining a nonnegotiable minimum wage rate for non-range H-2A workers and workers in corresponding employment. Non-range occupations include all occupations other than herding and livestock production on the range. The 2023 methodology was intended to reasonably balance regulatory goals of providing employers with an adequate supply of legal agricultural labor and protecting the wages and working conditions of U.S. workers similarly employed.
  • On Aug. 25, 2025, the U.S. District Court for the Western District of Louisiana vacated the 2023 H-2A AEWR final rule methodology governing H-2A non-range occupations, finding it “arbitrary and capricious in violation of the Administrative Procedure Act,” and converted the previous preliminary injunction against the rule into a permanent injunction.
  • AEWRs will now be determined using the methodology outlined in the 2010 rule.
  • The Department of Labor (DOL) is taking steps to implement the court’s order and will issue further guidance via announcements and Federal Register notices.

Additional Information: The FAQ published in 2010 regarding the 2010 final rule can be viewed here.

The H-2A visa program allows U.S. agricultural employers to bring foreign nationals to the U.S. for temporary or seasonal agricultural work. Recently, the Employment and Training Administration of the DOL announced a temporary suspension of H-2A certification fee collection, effective today, Sept. 2, 2025.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

Effective Aug. 29, 2025, U.S. Citizenship and Immigration Services (USCIS) now accepts electronic bank payments for immigration filing fees via Form G-1650, Authorization for ACH Transactions.

Key Points:

  • USCIS has updated its Policy Manual to include ACH debit from a U.S. bank account via Form G-1650 as an approved payment method, in addition to the current option of paying by credit card using Form G-1450.
  • This new payment method allows applicants to authorize direct debit from a U.S. bank account when submitting applications, petitions or requests by mail.
  • The change is part of USCIS’s modernization efforts under Executive Order 14247, aimed at reducing fraud, lost payments and processing delays associated with paper checks and money orders.
  • ACH debit is now accepted for mailed filings.
  • Paper checks and money orders will be accepted until Oct. 28, 2025. After that date, only ACH debit (Form G-1650) and credit card payments will be accepted.
  • Applications may be rejected if the ACH transaction fails due to insufficient funds or incorrect account details.

Additional Information: Individuals without a U.S. bank account may use Form G-1450 with a prepaid credit card. For information on USCIS’s recent fee enforcement policy, see BAL’s recent alert USCIS to reject forms with incorrect fees after Aug. 21.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Customs and Border Protection (CBP) within the Department of Homeland Security published a Federal Register Notice (FRN) on Aug. 28, 2025, providing notice to the public on new and updated immigration-related fees that will take effect Sept. 30, 2025, and apply to fiscal year (FY) 2025.

Key Points:

  • The new immigration-related fees are pursuant to the requirements of H.R. 1 Reconciliation Bill, aka “One Big Beautiful Bill Act,” signed into law on July 4, 2025.
  • CBP will begin assessing new fees for Form I-94 applications, Electronic System for Travel Authorizations (ESTA) and Electronic Visa Update System (EVUS) enrollments starting Sept. 30, 2025.
  • The notice outlines three key fee changes represented in the table below:
Action Current Fee FY 2025 HR-1 Fee Total FY 2025 Fee
Application for CBP Form I-94 at land border ports of entry $6 $24 (added to existing fee) $30
ESTA authorization $21 $40 (replaces existing fee) $40
EVUS enrollment N/A $30 $30
  • The fees outlined in the last column under “Total FY 2025 Fee” will apply beginning Sept. 30, 2025.
  • The $30 I-94 fee applies only to nonimmigrants arriving at land border ports of entry.
  • The $40 ESTA fee affects travelers under the Visa Waiver Program who must obtain ESTA approval before traveling.
  • The $30 EVUS fee applies to eligible nationals from the People’s Republic of China with 10-year visitor visas (B1/B2, B1 or B2) and will be required at the time of enrollment.
  • The new fees apply to FY 2025 and will increase annually based on the Consumer Price Index.

Additional Information: The new CBP fees follow earlier U.S. Citizenship and Immigration Services fee increases announced under H.R. 1, which took effect July 22, 2025. Individuals are reminded that the July 22 FRN states that the visa integrity fee “requires cross-agency coordination before implementing; the fee will be implemented in a future publication.”

BAL continues to monitor developments and will provide updates as more details become available.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The State Department announced that starting Nov. 1, 2025, the National Visa Center (NVC) will schedule immigrant visa applicants in their country of residence or, if requested, country of nationality.

Key Points:

  • In an Aug. 28 update, the State Department said it “is now requiring” immigrant visa applicants (including Diversity Visa applicants in the DV-2026 program year) to interview in the consular district designated for their place of residence, or in their country of nationality if requested, with limited exceptions.
  • Rare exceptions may be made for humanitarian, medical emergencies or foreign policy reasons.
  • The NVC will schedule immigrant visa applicants accordingly starting Nov. 1, 2025.
  • Effective immediately, applicants who would like to transfer their immigrant visa case to a new consular district after the NVC has scheduled the appointment should contact the NVC directly and not the consular section. Applicants should use the NVC’s Public Inquiry Form to request transfers.
  • Residents of countries where routine visa operations are suspended or paused should apply at their designated immigrant visa processing post, unless the applicant is a national of another country with ongoing operations. A list of immigrant visa designated processing posts by country can be referenced here.
  • Generally, existing immigrant visa appointments will not be rescheduled or canceled.
  • This update supersedes previous guidance on visa application requirements, including designated visa processing posts.

Additional Information: Applicants should check embassy and consulate websites for more detailed information about visa application requirements and procedures, and to learn more about the embassy or consulate’s operating status and services.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Citizenship and Immigration Services reports that nearly all H-2B visa slots for the first half of fiscal year (FY) 2026 have been filled.

Key Points:

  • As of Aug. 26, 2025, USCIS has approved 19,346 beneficiaries and has 10,725 pending petitions for the first half of FY 2026. This totals 30,071 beneficiaries against the 33,000 cap, signaling the window for new petitions is rapidly closing.
  • USCIS is currently accepting petitions for employment start dates on or after Oct. 1, 2025, that are subject to the H-2B cap for the first half of FY 2026.
  • Employers planning to hire H-2B workers for the second half of FY 2026 should monitor updates closely, as unused visas from the first half may become available. However, these do not carry over into the next fiscal year.
  • Certain categories of workers are exempt from the H-2B cap, including those extending their stay, changing employers or previously counted in the same fiscal year. Specific roles such as fish roe processors and workers in Guam or the Northern Mariana Islands are also exempt until Dec. 31, 2029.
  • BAL will continue to monitor H-2B cap developments and post updates.

USCIS FY 2026 H-2B visa cap count snapshot

Cap type Cap amount Beneficiaries approved Beneficiaries pending Total beneficiaries Date of last count
H-2B: First half of FY 2026 33,000 19,346 10,725 30,071 8/26/2025

Additional Information: The Immigration and Nationality Act sets an annual cap of 66,000 H-2B visas, split evenly between two halves of the fiscal year. The first half covers Oct. 1 to March 31, and the second half spans April 1 to Sept. 30. Unused visas from the first half may roll into the second half, but not into the next fiscal year. The figures released by USCIS are preliminary and may exceed the cap to account for withdrawals, denials or unused approvals.

The H-2B program enables U.S. employers to hire foreign nationals for temporary nonagricultural roles. While the cap controls visa issuance, exemptions provide flexibility for ongoing employment and specialized labor needs.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.