The State Department published a Temporary Final Rule (TFR) in the Federal Register announcing the launch of a 12-month visa bond pilot program for certain foreign nationals applying for B1/B2 visas effective Aug. 20, 2025, until Aug. 5, 2026.

Key Points:

  • The pilot will run for 12 months from Aug. 20, 2025, until Aug. 5, 2026.
  • The pilot program will be limited to foreign nationals who are: applying for B-1/B-2 nonimmigrant visas and are nationals of countries that the State Department has identified: (1) as having high visa overstay rates; (2) where screening and vetting information is deemed deficient; or (3) as offering CBI, if the alien obtained citizenship with no residency requirement.
  • Visa applicants who are found eligible for a B-1/B-2 visa, but who are subject to the pilot program, will be required to pay a bond in the amount of $5,000, $10,000 or $15,000.
  • During the pilot, there will not be a waiver application process.
  • The amount and imposition of the bond are determined on a case-by-case basis.
  • The State Department issued a visa news alert identifying two countries subject to visa bonds based high visa overstay rates: Malawi and Zambia. The list of countries can be updated during the pilot and will be available on travel.state.gov.

Additional Information: More details on required ports of entry, visa bond compliance and visa bond breach can be found here. The pilot program requiring bonds is intended to serve as a financial guarantee to encourage compliance with visa terms, particularly timely departure from the U.S. The pilot program will assess the effectiveness of financial deterrents in reducing visa overstays.

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 announced it has issued new guidance to prevent male nonimmigrants from receiving immigration benefits that would allow them to compete in women’s sports in the U.S.

Key Points:

  • The policy update aligns with Executive Order 14201, “Keeping Men Out of Women’s Sports,” which directs the Department of Homeland Security to block male athletes from entering the U.S. to compete in female athletic categories.
  • USCIS will now restrict athlete-related petitions to female applicants only, reinforcing the administration’s stance on biological sex in sports.
  • The guidance revises eligibility standards for several visa categories, including O-1A, E11, E21 and national interest waivers.
  • Male athletes who have competed against women or seek to do so in the U.S. will not be considered as continuing work in their field of expertise. The agency also asserts that “male athletes seeking to enter the country to compete in women’s sports do not substantially benefit the United States; and it is not in the national interest to the United States to waive the job offer and, thus, the labor certification requirement for male athletes whose proposed endeavor is to compete in women’s sports.”
  • The updated guidance, now part of Volumes 2 and 6 of the USCIS Policy Manual, is effective immediately and supersedes any prior related instructions.

Additional Information: The update applies to all relevant benefit requests filed on or after Aug. 4, 2025, and is considered controlling guidance moving forward.

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 announced it has updated its Policy Manual to clarify when interviews are required for asylees, refugees and certain family members applying for permanent residency.

Key Points:

  • The update reestablishes a consistent baseline for screening and vetting, aligning with Executive Order 14161 to enhance national security and public safety.
  • USCIS is restoring a standardized approach to determine when interviews are necessary for asylees and refugees applying for adjustment of status.
  • The clarified criteria include situations where identity verification is incomplete, immigration records are insufficient or there are unresolved identity discrepancies.
  • Officers are now explicitly guided to refer applicants for interviews under several conditions:
    • If identity cannot be verified
    • If there are signs of fraud in obtaining asylum or refugee status
    • If FBI fingerprint checks raise concerns or if the applicant’s admissibility remains unclear
    • Additional triggers include connections to countries with terrorism designations or any articulable national security concerns
  • This policy update is effective immediately and applies to all pending and future Form I-485, Adjustment of Status, applications filed by asylees and refugees.

Additional Information: These expanded criteria aim to close gaps in the vetting process and ensure that only eligible individuals proceed to permanent residency. The guidance can be found in Volume 7 of the Policy Manual.

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 announced it has issued updated guidance to enhance the vetting of family-based immigrant visa petitions.

Key Points:

  • The update prioritizes verifying the authenticity of marriages and family relationships to ensure they meet legal standards.
  • The guidance consolidates existing policies on eligibility, documentation and adjudication of family-based petitions explaining how USCIS handles cases involving multiple or related petitions and outlines when interviews are required.
  • The guidance also details when approved petitions are routed to the State Department’s National Visa Center, especially if the beneficiary is found ineligible for adjustment of status.
  • USCIS clarifies when U.S. citizens, including military and government personnel stationed overseas, may file Form I-130 abroad for immediate relatives.
  • The update also affirms that approval of a family-based petition does not confer immigration status or protection from removal. USCIS may issue a Notice to Appear if the beneficiary is otherwise removable.
  • The guidance applies to all relevant petitions filed on or after Aug. 1, 2025, and supersedes prior instructions.

Additional Information: The updated USCIS Policy Manual can be found here.

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.

A federal court temporarily blocked the Trump administration from proceeding with recent terminations of Temporary Protected Status (TPS) designations for Honduras, Nepal and Nicaragua until Nov. 18, 2025.

Key Points:

  • Federal Judge Trina Thompson for the United States District Court Northern District of California entered an order on July 31, 2025, to postpone the terminations of TPS designations for Honduras, Nepal and Nicaragua until a subsequent court hearing on Nov. 18, 2025, at which time the postponement could be extended.
  • The lawsuit was originally filed on July 7, 2025, by plaintiffs that included the National TPS Alliance, an immigration services organization with over 1,000 Honduran, Nepali and Nicaraguan TPS holders.
  • In issuing the order, Thompson stated, “The Court’s authority to grant relief against agency actions is therefore rooted in the [Administrative Procedure Act’s] legislative history, which indicates that the Court must serve ‘as a check upon administrators whose zeal might otherwise have carried them to excesses not contemplated in legislation creating their offices.’”
  • The Trump administration is expected to appeal the ruling and to ask the courts to allow the terminations to go into effect while the appeal is pending.

Additional Information: On June 6, the Department of Homeland Security published notice in the Federal Register that the designation of Nepal for TPS will terminate on Aug. 5, 2025.

On July 8, DHS announced the termination of TPS for both Honduras and Nicaragua, effective Sept. 8, 2025.

The current decision affects the status of about 60,000 foreign nationals from Honduras, Nepal and Nicaragua. The complete court order can be read here.

BAL will continue to monitor this litigation and related cases.

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 announced it published a July 31, 2025, edition of the Form G-1055, Fee Schedule, that includes the addition of a fee for certain employment authorization applications and a biometric services fee for certain Executive Office for Immigration Review (EOIR) forms.

Key Points:

Additional Information: The FRTF was established in 2021 to facilitate the reunification of families separated at the U.S.-Mexico border. Filing guides and additional information on submitting Form I-765 under FRTF can be found here.

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 updates to its email naming conventions and centralized mailing address, effective Aug. 29, 2025, to streamline communication and processing across all programs.

Key Points:

  • All OFLC program-related correspondence, including documentary evidence and H-2A certification payments, must be sent to the OFLC’s new physical mailing address: U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, 200 Constitution Avenue NW, Room N-5311, Washington, DC 20210.
  • OFLC help desk email addresses will adopt new naming conventions. These changes will appear progressively in online resources and official templates. To ensure continuity, existing email addresses will remain active and functional during the transition period.
  • Stakeholders are advised to monitor the OFLC’s official website and the FLAG system portal for the latest updates and implementation details regarding these changes.

Additional Information: This update follows the June 30, 2025, Federal Register announcement and reflects OFLC’s broader efforts to modernize and centralize its operations. The transition to a single Washington address replaces previous regional submission points, such as those in Chicago. These changes aim to improve efficiency, reduce processing delays and enhance clarity for employers and stakeholders navigating the foreign labor certification process.

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 Employment and Training Administration (ETA) of the U.S. Department of Labor (DOL) announced a temporary suspension of H-2A certification fee collection, effective Sept. 2, 2025.

Key Points:

  • This pause allows the Office of Foreign Labor Certification (OFLC) to modernize its payment system in alignment with Executive Order 14247, “Modernizing Payments To and From America’s Bank Account,” which mandates federal agencies to adopt more efficient, secure and accessible digital payment systems.
  • The OFLC will stop issuing invoices for H-2A certification fees starting Sept. 2, 2025. Employers who receive invoices before this date must still fulfill payment obligations.
  • Any fees that would have been due during the suspension period will not be invoiced or collected.
  • The Federal Register Notice (FRN) regarding the temporary suspension can be viewed here.
  • Once the system is ready, the ETA will issue an FRN detailing the new process and the date on which fee collection will resume.

Additional Information: The H-2A visa program allows U.S. agricultural employers to bring foreign nationals to the U.S. for temporary or seasonal agricultural work. Certification fees are a critical part of the application process, covering administrative costs associated with labor condition assessments and compliance monitoring. OFLC will be transitioning from collecting fees submitted in paper format (e.g., checks) during the suspension period.

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 updated global visa wait times on July 29, 2025.

The average wait times reported do not guarantee a visa applicant will get an appointment within a specific time. U.S. embassies and consulates regularly release additional appointment slots. Applicants who want an earlier appointment slot after initially scheduling their interview should check back frequently and move their appointment to another available slot if available.

Excerpted below are the latest reported global visa wait times of some of the city/posts that historically have the most visa issuances. Most notably, Indian cities saw average wait times for B-1/B-2 visas reduced by up to 50% (e.g., New Delhi)*:

City/Post Interview required

B-1/B-2 visas

Average wait times

 Interview required

B-1/B-2 visas

Next available appointment

 Interview required

F, M, J visas

Next available appointment

 Interview required / Petition-based

H, L, O, P, Q visas

Next available appointment
Beijing N/A 0 months 0 months 2 months
Chennai (Madras) 8.5 months 5 months N/A 0 months
Ciudad Juarez 5 months 8 months 1 month 1 month
Guatemala City 9 months 8 months N/A 1 month
Hermosillo 18.5 months 5.5 months 1 month 0 months
Ho Chi Minh City N/A 0 months N/A 0 months
Hong Kong N/A 1 month N/A 0 months
Hyderabad 3 months 5.5 months 2 months 2 months
Mexico City 11 months 10 months N/A 1 month
New Delhi 4.5 months 5.5 months N/A N/A
Shanghai N/A 3 months 3 months 0 months

Additional Information: More details on the different visa categories referenced in the table can be found here. Wait times are calculated in months in 30-day increments and half months in 15-day increments. Average wait times are provided for B1/B2 visas only in cases where the next available appointment is more than three months away.

Applicants are reminded that post-specific instructions are available on the website of the U.S. embassy or consulate where the applicant schedules their interview. Links to U.S. embassies and consulates can be found here. Applicants should be aware there may be limitations on how many times they can reschedule an appointment. Calendar access for a specific post may not be accessible until the application has been submitted and the required fee has been paid. (The fee is typically non-transferable across countries.)

Embassies and consulates may waive the in-person interview requirement for eligible applicants. Wait times for these appointments are not reflected in the visa wait timetables. Please check the individual U.S. embassy or consulate website to find out if a waiver of the in-person interview is available.

(*The current global visa wait times were compared with global visa wait times posted by the State Department on April 25, 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.

U.S. Citizenship and Immigration Services (USCIS) shared an update that Employment Authorization Documents (EADs) for certain beneficiaries of Haiti’s Temporary Protected Status (TPS) designation are valid through Feb. 3, 2026.

Key Points:

  • On July 1, 2025, the Department of Homeland Security (DHS) terminated the designation of Haiti for TPS, effective Sept. 2, 2025.
  • On July 15, 2025, the U.S. District Court for the Eastern District of New York issued a final judgement in Haitian Evangelical Clergy Ass’n v. Trump, No. 25-cv-1464, that makes the effective date of any termination no earlier than Feb. 3, 2026.
  • The USCIS website states that EADs with category A12 or C19 and an original “Card Expires” with the following dates are valid as evidence that the employee is authorized to work: Feb. 3, 2026; Sept. 2, 2025; Aug. 3, 2025; Aug. 3, 2024; June 30, 2024; Feb. 3, 2023; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; July 22, 2019; Jan. 22, 2018; and July 22, 2017.
  • Employers must reverify TPS Haiti beneficiaries who presented these EADs before they start work on Feb. 4, 2026.
  • Further litigation remains possible, and USCIS may provide additional guidance.

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.