The Department of Homeland Security published notice in the Federal Register that the designation of Nepal for Temporary Protected Status (TPS) will terminate on Aug. 5, 2025.

Key Points:

  • The notice states that the DHS Secretary determined that Nepal no longer continues to meet the conditions for the designation of TPS.
  • Nationals of Nepal (and nonimmigrants with no nationality who last habitually resided in Nepal) who have been granted TPS under Nepal’s designation will no longer have TPS as of Aug. 5, 2025 (60 days after the publication date in the Federal Register).
  • Through the notice, DHS automatically extends the validity of certain Employment Authorization Documents (EADs) previously issued under the TPS designation of Nepal through Aug. 5, 2025.
  • The notice states that as continued proof of employment authorization through Aug. 5, 2025, Nepalese TPS beneficiaries can show their EADs that have the notation A-12 or C-19 under “Category” and a “Card Expires” date of June 24, 2018; June 24, 2019; March 24, 2020; Jan. 4, 2021; Oct. 4, 2021; Dec. 31, 2022; June 30, 2024; and June 24, 2025.

Additional Information: Nepal was initially designated for TPS on June 24, 2015, for a period of 18 months, based on an earthquake that resulted in a substantial disruption of living conditions. Since then, TPS has been extended several times, with the last 18-month extension starting on Dec. 25, 2023, and in effect through June 24, 2025.

DHS estimates that approximately 12,700 nationals of Nepal (and nonimmigrants having no nationality who last habitually resided in Nepal) hold TPS under Nepal’s designation. Of those, approximately 5,500 have become lawful permanent residents of the U.S.

DHS determined that “conditions in Nepal have improved in several areas relevant to the affected living conditions and Nepal’s ability to handle the return of its nationals.” The termination notice can be viewed here.

The termination of the designation is subject to litigation. 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.

The Trump administration issued two Presidential Proclamations on June 4 with the first taking effect June 9 and imposing full and partial travel restrictions barring entry to the U.S. for 19 countries, subject to certain exceptions. The second imposes restrictions on certain international students pursuing studies at Harvard University.

Key Points:

  • Two proclamations issued by President Trump on June 4 restrict entry to the U.S. and visa issuance.
  • One proclamation takes effect on June 9 and follows up on Executive Order 14161 to restrict entry to the U.S. from 19 total countries deemed high-risk for terrorism and national security threats, including:
    • Fully restricting and limiting entry for immigrant and nonimmigrant nationals from Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen.
    • Partially restricting and limiting issuance of immigrant visas and B-1, B-2, B-1/B-2, F, M and J nonimmigrant visas for nationals from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela.
  • The country-related restrictions apply only to nationals of designated countries who are outside of the U.S. on June 9 and who do not have a valid visa by that date.
  • Restrictions on nationals from the above countries were based on a determination that “vetting and screening information is so deficient as to warrant a full or partial suspension on the admission of nationals from those countries pursuant to section 212(f) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f),” and will be subject to periodic review.
  • The proclamation also outlines certain exceptions and confirms that no nonimmigrant or immigrant visa that was issued before June 9 will be revoked as a result of the proclamation.
  • The second proclamation, effective immediately, suspends the entry of any foreign national into the United States as a nonimmigrant to pursue a course of study at Harvard University under the F-1, M-1 or J-1 visa programs and will remain in effect for six months unless extended.

Additional Information: Foreign nationals are reminded to speak with their BAL team prior to international travel and to be aware of general travel requirements, including maintaining valid status in the U.S. The above policies may be subject to litigation. BAL will continue to monitor developments and update accordingly. U.S. immigration policies may change quickly and without prior notice.

For the latest updates and insights regarding these policies, in-house immigration professionals are invited to join BAL Community at no cost.

The fact sheet for the proclamation, “Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” can be found here.

The fact sheet for the proclamation, Enhancing National Security by Addressing Risks at Harvard University,” 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

BAL is once again recognized as a Band 1 immigration law firm in the Chambers USA Guide 2025, earning the highest tier ranking nationwide as well as for its California, Colorado, Massachusetts, Texas and Virginia offices. BAL’s newest office in Georgia was also recognized in its first year with the firm.

Described as “thorough and well-versed” in immigration law and “stellar at handling complexity and strategy” by anonymous respondents, BAL has received a Band 1 ranking by Chambers for 13 consecutive years. Additionally, 19 BAL attorneys were recognized in this year’s guide, including CEO Jeremy Fudge and Managing Partner Frieda Garcia, who were both honored as Eminent Practitioners.

“We set high expectations for ourselves as a firm — ensuring our clients and their employees get the best of BAL, every time,” said Garcia. “Our team pursues the exceptional for clients, foreign nationals and each other every single day. I’m thrilled to see the firm and several of our attorneys continuously recognized for those efforts.”

Rankings are determined through Chambers’ in-depth methodology involving client feedback. BAL clients shared the following assessments of the firm in their interviews with Chambers:

  • The firm has technological offerings that are at the forefront of change.
  • BAL is the go-to firm for truly complex immigration law questions.
  • The team’s enthusiasm and teamwork are clear to see; we feel they are truly invested.

Along with Fudge and Garcia, Chambers’ 2025 individual lawyer recognitions also include BAL’s Ruth Clark, Sharon Cook, Josiah Curtis, Maria DeLapp, Tiffany Derentz, Michael Dubitzky, Michelle Funk, Michelle Gergerian, John Hamill, Jeff Joseph, Jim King, Lynden Melmed, Gabe Mozes, Jessica Mullins-Ta, Maggie Murphy, Edward Rios and Russell Swapp. Cook, Curtis, Funk, Joseph and Swapp all earned Band 1 rankings; Dubitzky, Hamill and Mullins-Ta received first-time rankings.

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 will only accept the updated Jan. 20, 2025, edition of the N-600K starting July 3, 2025.

Key Points:

  • The N-600K form is the application for citizenship and issuance of certificate used to apply for naturalization of a child under the age of 18 who regularly resides outside the United States. Eligibility requirements for filing the form can be found here.
  • The April 1, 2024, edition can be used until July 3. The edition date can be found at the bottom of the page on the form and instructions.
  • The form will be rejected for but not limited to the following reasons if:
    • Missing information about the child’s eligibility in Part 1
    • Multiple boxes are checked in Part 1
    • Any of the form’s pages are missing or are from a different form edition
    • Missing applicant signature

Additional Information: More tips and instructions for filing the form online or via mail 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.

Homeland Security published notice in the Federal Register that the designation of Cameroon for Temporary Protected Status (TPS) will terminate on Aug. 4, 2025.

Key Points:

  • The notice states that the DHS Secretary determined that Cameroon no longer continues to meet the conditions for the designation of TPS.
  • Nationals of Cameroon (and nonimmigrants with no nationality who last habitually resided in Cameroon) who have been granted TPS under Cameroon’s designation will no longer have TPS as of Aug. 4, 2025 (60 days after the publication date in the Federal Register).
  • Through the notice, DHS automatically extends the validity of certain Employment Authorization Documents (EADs) previously issued under the TPS designation of Cameroon through Aug. 4, 2025. The notice states that as continued proof of employment authorization through Aug. 4, 2025, Cameroonian TPS beneficiaries can show their EADs that have the notation A-12 or C-19 under “Category” and a “Card Expires” date of June 7, 2025.

Additional Information: Cameroon was initially designated for TPS on June 7, 2022, for a period of 18 months, based on continued armed conflict and extraordinary and temporary conditions in the country that prevented nationals of Cameroon from returning in safety. Following the initial designation, DHS extended and redesignated Cameroon for TPS for 18 months, beginning on Dec. 8, 2023, and ending on June 7, 2025, based on ongoing armed conflict and extraordinary and temporary conditions.

DHS determined that “while certain conditions that led to the initial designation of TPS for Cameroon may continue, they do not pose a serious threat to individual safety due to ongoing armed conflict and do not result in Cameroonians being unable to safely return.” The termination notice can be viewed here.

The termination of the designation is subject to litigation. 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.

Starting July 3, 2025, U.S. Citizenship and Immigration Services will only accept the 01/20/25 edition of Form I-693, Report of Immigration Medical Examination and Vaccination Record.

If a civil surgeon signs the form on or before July 2, 2025, either the 03/09/23 or the 01/20/25 edition must be used.

The edition date can be found at the bottom of the form and instructions page.

Additional Information: In January, USCIS announced it was waiving the COVID-19 vaccination requirement for certain adjustment of status applicants.

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) recently announced solicitation of input for the annual determination of labor supply states (LSS) to enhance U.S. worker recruitment under the 2022 H-2A Final Rule.

Key Points:

  • The 2022 H-2A Final Rule (which became effective on Nov. 14, 2022) implemented a new process for the OFLC Administrator’s determination of LSS, which are additional states where an employer’s job order will be circulated and, if appropriate, where additional positive recruitment may be required of the employer.
  • The OFLC Administrator is soliciting public input about LSS and related recruitment mechanisms to make a determination that identifies whether there are areas of traditional or expected labor supply for each state with respect to the availability of qualified workers and the appropriate and effective means of recruiting those workers.
  • The determination can include specific geographic area(s) of the United States in which a significant number of qualified workers have been identified and who, if recruited through additional positive employer recruitment activities, would be willing to make themselves available for work in the state.
  • The OFLC Administrator requests information from the public regarding the availability of qualified workers and the appropriate, effective methods of contacting those workers.
  • OFLC will only consider electronic submissions to the email address H2ALaborSupply@dol.gov for making determinations as to LSS. Any submissions sent through the mail or other correspondence will not be accepted.
  • The solicitation period will be open for a period of 60 days through July 21, 2025.

Additional Information: The OFLC Administrator will also consider data and information about labor flow trends from the public to inform a determination regarding expanded interstate circulation of H-2A job orders by State Workforce Agencies on behalf of employers. These determinations are important for ensuring that agricultural job opportunities are more broadly available to qualified workers in the United States.

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) recently announced it will permanently delete records for which a final determination was made more than five years ago from the decommissioned legacy Permanent Online System.

Key Points:

  • The system was officially decommissioned on Dec. 1, 2024.
  • Once the system was decommissioned, the records housed in it were no longer directly available to the public.
  • Case records for which a final determination was issued more than five years ago will be permanently deleted. These deletions will occur on a rolling basis as part of routine records management procedures.
  • OFLC will begin deleting records from the system to comply with its records disposition schedule, approved by the National Archives and Records Administration, effective July 1, 2025.

Additional Information: The FLAG System was implemented to replace the legacy Permanent Online System, improve customer service and modernize the administration of foreign labor certification programs. Employers and their representatives who wish to obtain any records from the legacy Permanent Online System must submit a Freedom of Information Act (FOIA) request no later than June 5, 2025. After this date, affected records will no longer be retrievable.

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) continues to roll out airport modernization enhancements to support the expected increase in international travel, including Enhanced Passenger Processing (EPP) and Seamless Border Entry (SBE) at certain U.S. airports.

Key Points:

  • CBP processed over 420 million travelers at ports of entry in fiscal year 2024, a 6.6% increase from the previous year.
  • EPP involves photographing travelers using auto-capture technology to provide a complete customs assessment (biometric confirmation, eligibility, enforcement) before they reach a CBP officer.
    • Currently, EPP is available to U.S. citizens at certain U.S. airports, including Orlando International Airport, Dallas Fort Worth International Airport, Denver International Airport, Charlotte Douglas International Airport, Seattle-Tacoma International Airport, Cross Border Xpress, Chicago O’Hare International Airport, Los Angeles International Airport, Hartsfield-Jackson Atlanta International Airport and Dublin Airport.
  • SBE combines the Department of Homeland Security’s Trusted Traveler Programs (TTP) framework with “On the Move” technology allowing Trusted Traveler Global Entry members to move through the inspection process with minimal interaction with a CBP officer (depending on officer discretion).
    • Currently, SBE is available at certain airports, including Los Angeles International Airport, Miami International Airport, Washington Dulles International Airport, Chicago O’Hare International Airport, Newark Liberty International Airport, George Bush Intercontinental Airport and Toronto Pearson International Airport.
  • CBP travel programs with mobile applications to help facilitate travel to the U.S. include:
    • The Global Entry program allows travelers to complete their entry processing on their phones before leaving the aircraft.
    • The NEXUS program expedites processing for prescreened travelers from Canada to the U.S.
    • The Mobile Passport Control program is intended for non-TTP members who are U.S. citizens, lawful permanent residents, certain Canadian citizens and Visa Waiver Program travelers to submit their passport and travel information in advance.
    • The Electronic System for Travel Authorization (ESTA) program allows non-U.S. citizens eligible to enter under the Visa Waiver Program the option of using the app to submit ESTA applications from their smart devices.

Additional Information: All CBP mobile apps are free and available through the Google Play Store and Apple App Store, or by visiting the CBP Mobile Apps Directory.

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.

Update on applications received for requested date of need from Oct. 1, 2024, through March 31, 2025 (fiscal year (FY) 2025 first half of the visa cap):

The Department of Labor (DOL) reported that as of May 17, a total of 5,944 cases were issued Final Decisions. Certified positions for this period were allocated for 111,019 workers.

In April, U.S. Citizenship and Immigration Services reached the additional H-2B visa cap made for returning workers for the early second half of FY 2025 with start dates from April 1 to May 14, 2025.

Update on applications received for requested date of need from April 1, 2025 (FY 2025 second half of the visa cap):

As of May 17, a total of 8,501 cases were issued Final Decisions. Certified positions for this period were allocated for 116,602 workers.

Additional Information: On May 15, the Office of Foreign Labor Certification published an updated Foreign Labor Recruiter List of names for the H-2B program as required by Temporary Employment of Foreign Workers in the United States federal regulations and to help ensure greater transparency the for the H-2B worker recruitment process and facilitate the interagency exchange of information within the U.S. government.

The list contains the name and location of persons or entities identified on Appendix C of Form ETA-9142B that were hired by, planning to engage or work on behalf of employers in the recruitment of prospective H-2B workers to perform the work described on their H-2B application and includes only those names and locations associated with H-2B applications that were processed or issued a Final Decision from Oct. 1, 2023, through March 31, 2025.

The H-2B Foreign Labor Recruiter List for Q2 FY 2025 can be downloaded 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.