On Nov. 5, the Office of Foreign Labor Certification (OFLC) announced temporary measures to address disruptions caused by the government shutdown, which halted application processing activities from Oct. 1 through Nov. 2, 2025.

Key Points:

• During this period, OFLC suspended public access to the Foreign Labor Application Gateway (FLAG) system and the SeasonalJobs.dol.gov registry, preventing employers from filing prevailing wage determinations, labor certifications or responding to OFLC correspondence.
• Following is a summary of the temporary procedural changes OFLC is implementing “to its standard procedures related to applications and documents that were impacted by the cessation of application processing activities from Oct. 1, 2025, through Nov. 2, 2025”:
  • Submissions postmarked Oct. 1 – Nov. 2
    • “OFLC will manually enter the applications and other correspondence received from Oct. 1, 2025, through Nov. 2, 2025, into the FLAG system. Once the information and related correspondence associated with an application is entered into the FLAG system, a case number will be assigned in connection with an application, and employers will receive notifications to inform them that their applications have been received for processing.”
  • Certain responses with an original deadline during the government shutdown when OFLC was unable to process applications
    • Applicable responses include but are not limited to: Request for Information, Notices of Acceptance, Notices of Deficiencies, Audit Notices and Requests for Reconsideration or Review.
    • “Responses or other requests for information associated with correspondence issued by OFLC related to applications that were pending on Oct. 1, 2025, which contained a due date for response by the employer during the period of Oct. 1, 2025, through Nov. 2, 2025, will have their due dates automatically extended by 33 calendar days…Employers do not need to submit a request to extend any submission deadline that fell during the period of Oct. 1, 2025, through Nov. 2, 2025.”
  • PERM recruitment and prevailing wage determination
    • “If an employer’s recruitment efforts or prevailing wage determination expired between Oct. 1 and Nov. 2, 2025, the employer impacted by these circumstances may submit applications electronically using the expired recruitment efforts or prevailing wage determination during the same 33 calendar day period during which an automatic deadline extension has been provided.”
    •  FLAG may display warning messages for expired recruitment or wage determinations, but submissions will be accepted.
    •  Denials based on expired documentation may be challenged through a request for reconsideration.
  • Emergency filing procedures for certain H-2A, H-2B and CW-1 applications
    • Per respective regulations, H-2A and H-2B employers can “request a waiver of the regulatory time period for filing an application.”
    • CW-1 regulations permit employers “to request permission to submit an application without first having obtained a prevailing wage determination.”
    • Per regulations, employers must demonstrate good and substantial cause for the requests to be accepted.

Additional Information: These extensions apply only to OFLC-imposed deadlines and do not affect deadlines set by the Board of Alien Labor Certification Appeals (BALCA).

More details on the temporary changes can be found here.

BAL clients are encouraged to consult with their BAL attorney for case-specific 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.

The implementation of REAL ID, ongoing changes to consular scheduling portals and the ripple effect from the U.S. government shutdown all underscore the importance of early preparation and flexibility for this season’s winter holiday travel. In general, travelers should plan ahead, verify documentation and monitor government updates as the holiday season approaches.

To help ensure a smooth journey, the following are essential reminders, updates and tips for foreign nationals and U.S. citizens:

Passport and visa validity

• Check expiration dates: Travelers should confirm that their passports are valid for at least six months beyond their intended date of departure. Many countries, including the U.S., enforce this rule for entry.
• Visa requirements: Ensure that all required visas are valid for reentry to the U.S. and destination countries. Those planning to renew visas abroad should anticipate possible delays, as some consulates remain backlogged despite recent improvements. Administrative processing may further extend wait times.
• Other immigration documents: Confirm that all other immigration documents, such as I-797 and I-129S forms, are valid for reentry to the U.S.

Appointment portals and consular processing

• Portal changes: Over the past year, several U.S. consulates have transitioned to new appointment portals. Moreover, foreign nationals are now required to apply for U.S. visas in their country of nationality or residence, which may require an appointment portal to be transferred from one consulate to another. Travelers should familiarize themselves with the relevant portal, set up accounts in advance and allow extra time for booking appointments and processing fees. Technical updates may affect portal responsiveness, so early action is advised.
• Holiday closures: U.S. government offices and consulates may close for extended periods during the holidays for both local and U.S. holidays. Consulates may also have limited services as they continue ramping back up after the U.S. government shutdown, which may further impact appointment availability and processing times. Plan ahead and build in extra time for visa processing.

REAL ID enforcement for domestic travel

• Full enforcement began May 7, 2025: The Transportation Security Administration (TSA) now requires travelers age 18 and older to present a REAL ID-compliant driver’s license or identification card at airport security for domestic flights.
• Acceptable alternatives: Valid U.S. passport books and cards are accepted alternatives for domestic air travel. Passengers without a REAL ID or alternative may face additional screening.
• State-specific guidance: Travelers should confirm their identification is compliant using the TSA’s REAL ID page and review the TSA list of acceptable IDs.

Smart Traveler Enrollment Program (STEP) tip

• Enroll for safety: The updated STEP program allows travelers to register trips abroad, enabling the State Department to contact them in emergencies and provide country-specific alerts. Enrollment is recommended for all U.S. citizens and nationals traveling internationally.

For case-specific guidance or urgent travel issues, clients should consult their BAL team.

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.

In their Nov. 6, 2025, ruling on Trump v. Orr, the Supreme Court of the United States (SCOTUS) granted the federal government’s request to stay a lower court injunction blocking enforcement of the Jan. 20 executive order requiring all new U.S. passports to display an individual’s biological sex at birth.

Key Points:

• In granting the stay, SCOTUS reasoned, “Displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth — in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment.”
• SCOTUS also found that the Government’s argument would likely succeed on the merits and the respondent’s argument would likely not prevail “in arguing that the State Department acted arbitrarily and capriciously by declining to depart from Presidential rules that Congress expressly required it to follow. See 22 U. S. C. §211a.”
• The stay will remain in effect while the case proceeds on appeal and allows the Government to implement the Jan. 20 executive order.
• The State Department has not provided any additional guidance to date but did provide the following on its website: “We are taking steps to implement the U.S. Supreme Court’s ruling which granted the Department’s request to stay the U.S. District Court’s preliminary injunction in June 2025 in Orr v. Trump. We are rapidly developing guidance to comply with the Supreme Court’s decision. Please continue to check our website for updates.”

Additional Information: As background, the new passport policy, announced earlier this year by the State Department, provided guidance on the use of sex markers stipulating that the department will no longer issue U.S. passports or Consular Reports of Birth Abroad (CRBAs) with an “X” marker. The U.S. District Court for the District of Massachusetts issued a preliminary injunction against the policy in June, and the First Circuit declined to stay that order.

BAL will continue to monitor litigation related to this policy and provide updates.

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 on Nov. 5 that it will implement certain changes to the Diversity Visa (DV) entry process.

Key Points:

• The start date for the DV-2027 registration period and the date that DV-2027 selection results will be available through the Entry Status Check (ESC) will be announced “as soon as practicable.”
• The announcement states, “These changes will not affect the visa application period for individuals selected for DV-2027, which will remain Oct. 1, 2026, to Sept. 30, 2027.”

Additional Information: Following reports of fraudulent claims that DV-2027 entry was open, the State Department issued a news alert reminding applicants that the registration period for DV-2027 has not yet opened. In past years, the registration period opened around early-to-mid October but has been delayed for DV-2027.

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.

Today, the Department of Homeland Security published notice in the Federal Register (FRN) terminating the designation of South Sudan for Temporary Protected Status (TPS), effective Jan. 5, 2026.

Key Points:

• Reason for termination: According to the notice, the decision follows an interagency review in which the DHS secretary determined that “the situation in South Sudan no longer meets the criteria for an ongoing armed conflict that poses a serious threat to the personal safety of returning South Sudanese nationals.”
• Employment authorization validity dates: The FRN states, “DHS recognizes that South Sudanese Temporary Protected Status beneficiaries continue to be authorized to work during the 60-day transition period. Accordingly, through this Federal Register notice, DHS automatically extends the validity of certain Employment Authorization Documents previously issued under the Temporary Protected Status designation of South Sudan through Jan. 5, 2026. Therefore, as proof of continued employment authorization through Jan. 5, 2026, Temporary Protected Status beneficiaries can show their Employment Authorization Documents that have the notation A-12 or C-19 under Category and a ‘Card Expires’ dates of Nov. 3, 2023, May 3, 2025, and Nov. 3, 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.

In May, because the DHS secretary “was unable to make an informed determination on South Sudan’s designation by the March 4, 2025, statutory deadline due to the lack of an updated analysis of current country conditions in South Sudan,” the designation of South Sudan for TPS was automatically extended for six months effective May 4, 2025, through Nov. 3, 2025.

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 Department of Labor announced that the Office of Foreign Labor Certification (OFLC) has resumed processing certain applications through the Foreign Labor Application Gateway (FLAG) system.

Key Points:

• The Department of Labor stated that the OFLC has resumed processing requests for prevailing wages and labor certification determinations, and that the FLAG system is available for users to prepare and submit new applications and review details regarding applications pending a final determination.
• According to the announcement, OFLC’s online job registry of H-2A and H-2B temporary job opportunities is fully operational.
• OFLC indicated it “is taking all steps necessary to resume application processing and will post additional announcements and other technical assistance notices for all stakeholders on this website, as appropriate.”
• OFLC anticipates longer processing and response times due to increased requests for stakeholder assistance.

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 issued a Notice of Proposed Rulemaking (NPRM) to amend U.S. Citizenship and Immigration Services regulations governing the use and collection of biometrics in the administration and enforcement of immigration laws and benefit requests.

Key Points:

• DHS proposes in this rule that “any applicant, petitioner, sponsor, supporter, derivative, dependent, beneficiary or individual filing or associated with a benefit request or other request or collection of information, including U.S. citizens, U.S. nationals and lawful permanent residents, and without regard to age, must submit biometrics unless DHS otherwise exempts the requirement.”
• In the NPRM, DHS also proposes a definition of the term “biometrics” and a list of modalities of biometric collection, including facial imagery, fingerprints and palm prints, handwritten signature, ocular imagery, voice recognition and/or DNA.
• Additional proposals in the NPRM include:
  • Clarifying the purposes for which biometrics are collected, stored and utilized and when they can be reused, including for enhanced and continuous vetting.
  • Specifying that DHS may require raw DNA as evidence of a genetic relationship or as evidence of biological sex when relevant to an individual’s statutory eligibility for an immigration-related benefit.
  • Using biometrics for Violence Against Women Act self-petitioners and T nonimmigrant status applicants for assessing good moral character.
  • Establishing an “extraordinary circumstances” standard to govern an individual’s request to reschedule a biometric services appointment in certain circumstances, or when an individual fails to appear for appointment.
• Public comments on the proposed rule must be submitted on or before Jan. 2, 2026, through the Federal eRulemaking Portal.
  • DHS will be required to consider the comments the agency receives in formulating a final regulation, and any changes will not take effect until a final rule is issued.

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 announced an interim final rule (IFR) scheduled to be published tomorrow in the Federal Register (FR), “ending the practice of automatically extending employment authorization documents [EADs] for aliens filing renewal applications in certain employment authorization categories,” effective Oct. 30, 2025.

Key Points:

• Automatic EAD Extensions to end for certain categories with limited exceptions: According to the IFR, it amends “DHS regulations to end the practice of automatically extending the validity of employment authorization documents (Forms I-766 or EADs) for aliens who have timely filed an application to renew their EAD in certain employment authorization categories.”
  • This change applies with limited exceptions as stated in the IFR: “unless otherwise provided in 8 CFR 274a.13(d), by law, or through a Federal Register notice for Temporary Protected Status (TPS)-related employment documentation, the validity period of an expired or expiring Employment Authorization Document and/or employment authorization will not be automatically extended by a renewal EAD application filed on or after [Oct. 30, 2025].”
• Emphasis on frequent vetting: According to the DHS announcement, “Ending automatic extensions of EADs results in more frequent vetting of aliens who apply for employment authorization to work in the United States. Reviewing an alien’s background more often will enable U.S. Citizenship and Immigration Services (USCIS) to deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the United States.” DHS states that the IFR is “consistent with President Trump’s directive in Executive Order (E.O.) 14159 ‘Protecting the American People Against Invasion.’”
• USCIS filing recommendations: USCIS recommends in its press release “properly filing a renewal application up to 180 days before their EAD expires.”
• EAD extensions prior to Oct. 30: The IFR does not affect EADs that were automatically extended prior to Oct. 30, 2025.
• Public comments: Once the IFR is published on Oct. 30, public comments can be submitted here on or before Dec. 1, 2025.

Additional Information: Additional filing information and Form I-765 details can be found here. BAL clients are encouraged to consult with their BAL attorney for case-specific guidance.

BAL will continue to monitor developments and will provide essential updates to the public, and real-time briefing calls, Q&A, newsletters and more with insights and guidance from our Government Strategies team to in-house professionals who are members of BAL Community.

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 Oct. 28, 2025, U.S. Citizenship and Immigration Services now requires electronic payments for all paper-filed immigration forms. Paper checks and money orders will no longer be accepted.

Key Points:

• USCIS launched its new electronic bank payment option for immigration fees on Aug. 29, 2025, and announced that paper checks and money orders would be accepted until Oct. 28, 2025.
• Applicants must now use Form G-1450 to authorize credit card payments or Form G-1650 to initiate ACH debit transactions from a U.S. bank account.
• A limited list of exemptions and request for an exemption via Form G-1651 can be found here.
• USCIS will continue to accept online payments for forms filed online and encourages the use of the pay.gov platform. The agency “encourages benefit requestors and their accredited representatives to use their USCIS account to file online through the guided process or the electronic PDF intake process, if either of these filing options is available for their form type. Benefit requestors and accredited representatives filing online have access to helpful instructions and tips on completing their forms.”
• On Oct. 28, 2025, a new edition of Form G-1055, Fee Schedule was published with updates including but not limited to the addition of:
• • Form G-1651, Exemption for Paper Fee Payment, for an exemption from the requirement to use an electronic payment method
  • The presidential proclamation on Restriction of Entry of Certain Nonimmigrant Workers fee for Form I-129, Petition for a Nonimmigrant Worker, H-1B petitions

Additional Information: According to USCIS, “Over 90% of our payments come from checks and money orders, causing processing delays and increasing the risk of fraud and lost payments.” The shift to electronic payments is intended to streamline operations, improve security and reduce administrative burdens for both applicants and USCIS staff. This change aligns with Executive Order 14247, which mandates government-wide modernization of payment systems.

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 published a final rule Oct. 27 that provides, effective Dec. 26, 2025, that “DHS may require all aliens to be photographed when entering or exiting the United States and may require non-exempt aliens to provide other biometrics.”

Key Points:

• The final rule removes prior limitations on certain pilot programs and ports of departure, stating that it “also amends the regulations to remove the references to pilot programs and the port limitation to permit collection of biometrics from aliens departing from airports, land ports, seaports or any other authorized point of departure.”
• According to the rule’s purpose statement, “[a]n integrated biometric entry-exit system provides an accurate way to verify an individual’s identity, and, consequently, can improve security and effectively combat attempts by terrorists who use false travel documents to circumvent border checkpoints.”
• U.S. Customs and Border Protection (CBP) will collect the biometric data on behalf of DHS. The final rule states, “CBP plans to eventually establish a biometric entry-exit system at all air, sea and land ports of entry.”
• Public comments can be submitted on or before Nov. 26, 2025, here.
• BAL will continue to monitor and provide updates on program implementation and further developments.

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.