The State Department updated global visa wait times on Oct. 22, 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 slot if available.

October 2025 chart highlights

Excerpted below are chart highlights from the latest global visa wait times of some of the cities/posts that historically have the most visa issuances. Most notably, work visa (H, L, O, P, Q) and student/exchange visitor visa (F, M, J) wait times for next available interview appointments mostly remained the same month over month across all cities/posts. Although Chennai (Madras) saw B-1/B-2 average wait times reduced by 72% month over month in the September report, the current report shows average wait times for interview required B-1/B-2 visas doubled from 2. 5 months to 5 months. New Delhi also saw wait times for B-1/B-2 interview required visas nearly double from 3.5 months to 6.5 months. Hermosillo saw a drastic reduction in B-1/B-2 interview required visas wait times from 20.5 months in the September report to 6.5 months in the October report.*

 

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	0.5 months	1 month	<0.5 months
Chennai (Madras)	5 months	5 months	2 months	1 month
Ciudad Juarez	6 months	15 months	<0.5 months	<0.5 months
Guatemala City	9 months	2.5 months	N/A	<0.5 months
Hermosillo	6.5 months	10 months	<0.5 months	<0.5 months
Ho Chi Minh City	N/A	<0.5 months	<0.5 months	<0.5 months
Hong Kong	N/A	<0.5 months	N/A	<0.5 months
Hyderabad	4.5 months	4.5 months	2 months	3 months
Mexico City	9.5 months	9.5 months	N/A	1 month
New Delhi	6.5 months	11 months	2 months	N/A
Shanghai	N/A	<0.5 months	1 month	<0.5 months

The cities/posts with the longest average wait times for B-1/B-2 interview required visas were: Tegucigalpa (14.5 months), Toronto (14 months) and Ottawa (12 months).

Although wait times for next available appointments for petition-based work visas requiring an interview overall range from less than 0.5 months to 1 month, there are some outliers. The cities/posts with the longest average wait times for interview required petition-based next available appointments for work visas (H, L, O, P, Q) were: Lusaka (10 months), Rangoon (6 months), Addis Ababa (4.5 months) and Ottawa (4 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 B-1/B-2 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 DS-160 visa application has been submitted and the required fee has been paid. (The fee is typically nontransferable 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. Interview waiver eligibility was last updated on Sept. 18 and became effective Oct. 1.

*The current global visa wait times were compared with global visa wait times posted by the State Department on Sept. 17, 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.

Today, the Department of Homeland Security published a Notice of Proposed Rulemaking (NPRM) in the Federal Register to adjust EB-5 immigrant visa fees and codify certain provisions of the EB-5 Reform and Integrity Act of 2022.

Key Points:

According to the NPRM, “The Department proposes to adjust Employment-Based Immigration, Fifth Preference (EB-5) immigration benefit request fees charged by USCIS [U.S. Citizenship and Immigration Services]. USCIS conducted an EB-5-specific fee study, as required by the EB-5 Reform Act. The fees are proposed to be set at a level that USCIS has determined would enable it to recover the costs of administering the EB-5 program and to allow it to attain the processing time goals and to ensure there are internal procedures and controls in place to try to maximize the likelihood that the statutory goals are met.”

The five major changes proposed to the EB-5 program are summarized in the NPRM as:

o “Adjusting EB-5 program fees according to the schedule in Table 1;
o Establishing the USCIS EB-5 technology fee;
o Codifying EB-5 Integrity Fund fees and penalties; and
o Establishing Form I-527, Amendment to Legacy Form I-526.
o Clarifying the process by which an alien investor’s spouse and children file separate Form I-829 petitions when they are not included in the Form I-829 filed by the alien investor.”

The NPRM proposes significant fee reductions for core EB-5 filings, including Form I-526 and I-829, with decreases ranging from 14% to 61%. New fees are also introduced, such as an $8,000 charge for proposed Form I-527 and a $95 technology fee added to initial petitions. Table 1 in the NPRM includes a charted comparison of current and proposed EB-5 fees (with the technology fees added to the proposed fees) excerpted below:

Immigration benefit request	Current fee(s)	Proposed fee(s)
I-526 Immigrant Petition by Standalone Investor – Initial (with $95 technology fee)	$11,160	$9,625
I-526E Immigrant Petition by Regional Center Investor – Initial (with $95 technology fee)	$11,160	$9,625
I-526E Immigrant Petition by Regional Center Investor – Amendment	$11,160	$9,530
I-526E Immigrant Petition by Regional Center Investor – Amendment	$11,160	$9,530
I-527 Amendment to Legacy Form I-526	$0	$8,000
I-829 Petition by Investor to Remove Conditions on Permanent Resident Status	$9,525	$7,860
I-956 Application for Regional Center Designation – Initial (with Regional Center Termination cost)	$47,695	$28,895
I-956 Application for Regional Center Designation – Amendment (with Regional Center Termination cost)	$47,695	$18,480
I-956F Application for Approval of an Investment in a Commercial Enterprise – Initial or amendment (with Regional Center Termination cost)	$47,695	$29,935
I-956G Regional Center Annual Statement – Initial, amendment, or supplement	$4,470	$2,740
I-956H Bona Fides of Persons Involved with Regional Center Program	$0	$55
I-956K Registration for Direct and Third-Party Promoters	$0	$2,740

Public comments on the proposed rule can be submitted here through Dec. 22.

Additional Information: The EB-5 Immigrant Investor Program is administered by USCIS. According to USCIS, “Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for lawful permanent residence (become a Green Card holder) if they:

• Make the necessary investment in a commercial enterprise in the United States; and
• Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.”

Publication of the NPRM is the first step in the formal rulemaking process. Changes would not take effect until DHS issues a final regulation with a specified effective date. The agency is required to consider comments from the public in formulating the final rule.

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.

On Oct. 20, U.S. Citizenship and Immigration Services provided updated guidance on the Restriction on Entry of Certain Nonimmigrant Workers proclamation (H-1B proclamation) mandating that “certain H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025 must be accompanied by an additional $100,000 payment as a condition of eligibility.”

USCIS also provided a separate update on the processing of “H-1B, H-2A, and H-2B related Form I-129 petitions and CW-1 related Form I-129CW petitions during the government shutdown.”

Key Points:

• The USCIS guidance pertaining to the $100,000 fee under the H-1B proclamation includes the following:
  • Who is subject to the $100,000 payment
    • “The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa. The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.”
  • How to pay the $100,000 payment
    • “Petitioners should submit the required $100,000 payment using pay.gov.”
  • When to pay the $100,000 payment
    • “Payment must be made prior to filing a petition with USCIS, as petitioners must submit proof that the payment has been scheduled from pay.gov or evidence of an exception from the $100,000 payment from the Secretary of Homeland Security at the time of filing the H-1B petition.”
  • Exceptions granted by the Secretary of Homeland Security
    • “In the extraordinarily rare circumstance where the Secretary of Homeland Security has determined that a particular alien worker’s presence in the United States as an H-1B worker is in the national interest, that no American worker is available to fill the role, that the alien worker does not pose a threat to the security or welfare of the United States, and that requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States.”
• Extraordinary circumstances exception for I-129-related petition delays during government shutdown: USCIS guidance states, “If an H-1B, H-2A, H-2B, or CW-1 petitioner meets all other applicable requirements and submits evidence establishing that the primary reason they did not timely file an extension of stay or change of status request was due to the government shutdown, we will consider the government shutdown an extraordinary circumstance beyond the petitioner’s control when we determine whether to excuse their failure to timely file the extension of stay or change of status request.”

Additional Information: 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. 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.

Following the vacating of the 2023 H-2A Adverse Effect Wage Rate (AEWR) final rule by a federal district court on Aug. 25, the Department of Labor (DOL) issued an Interim Final Rule (IFR) in the Federal Register effective Oct. 2, ultimately impacting the wages of certain H-2A workers by “revising the methodology for determining the hourly Adverse Effect Wage Rates (AEWRs) for non-range occupations by using wage data reported for each U.S. state and territory by the Department’s Bureau of Labor Statistics (BLS) Occupational Employment and Wage Statistics (OEWS) survey.”

Key Points:

• AEWRs for “non-range” H-2A occupations will now be based on OEWS survey data, which provides state-level wage estimates across occupations.
• The DOL will use OEWS survey data to establish AEWRs applicable to five Standard Occupational Classification (SOC) codes, combining the most common field and livestock worker occupations previously measured by the U.S. Department of Agriculture’s Farm Labor Survey.
• To account for wage disparities resulting from qualifications contained within the employer’s job offer, the newly established AEWRs for the majority of H-2A occupations will be divided into two skill-based categories:
  • Skill Level I (Entry-Level): Based on the 17th percentile wage, for roles requiring minimal training or experience.
  • Skill Level II (Experienced): Based on the median wage, for roles requiring certifications or specialized duties.
• A standard adjustment factor will be implemented to the AEWRs when compensating certain H-2A workers to account for nonmonetary compensation for employer-provided housing at no cost.
• Public comments on this rule can be submitted on or before Dec. 1, 2025, here.

Additional Information: According to the IFR, “non-range” occupations include “all occupations other than herding and production of livestock on the range.” The H-2A visa program allows U.S. agricultural employers to bring foreign nationals to the U.S. for temporary or seasonal agricultural work.

Learn how BAL’s H-2 legal team can help your business best navigate changing H-2A policies and regulations and avoid costly disruptions in your operations.

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 notice in the Federal Register (FRN) announcing implementation of the new immigration parole fee of $1,000 as mandated in the H.R. 1 Reconciliation Bill (H.R. 1) “for any alien who is paroled into the United States who does not meet an exception,” effective Oct. 16. Applicants for adjustment of status using advance parole to return to the U.S. after temporary travel abroad are exempt from this fee.

Key Points:

• U.S. Citizenship and Immigration Services guidance: USCIS released guidance stating “the fee is $1,000 for FY 2025 and is subject to annual adjustments for inflation.”
• When the parole fee applies: The FRN states, “The parole fee will apply for any alien that has a request for parole filed or pending prior to the effective date of this notice because the fee attaches when an alien is paroled into the United States,” including initial parole, re-parole, parole in place and parole from DHS custody.
  o The fee-triggering event is identified in the FRN as “the actual grant and effectuation of parole at or into the United States — not the filing of an application or request. The timing of the fee attaches when parole is effectuated, regardless of when the underlying application or request was submitted.”
• When the parole fee payment is due: According to the FRN, “The fee will not be due when an application is merely submitted or when a travel document is issued, but rather, DHS will collect the $1,000 fee after it determines that the alien merits a grant of parole as a matter of discretion and the alien either appears for inspection at a port of entry or is already physically present in the United States.”
• Collecting the parole fee: USCIS guidance states the immigration parole fee will be collected by the agency “if you are physically present in the United States and we are granting you parole or a new period of parole (also known as re-parole).” If parole or re-parole is approved and requires fee payment, the agency will “notify you that you must pay this fee before we can approve your request. The notice will have payment instructions and a deadline.” The FRN also contains details about Customs and Border Protection and Immigration and Customs Enforcement collecting the H.R. 1 parole fee when it grants parole.
• Exceptions to the parole fee, including advance parole based on pending adjustment of status application: The FRN notes that H.R. 1 provides 10 exceptions to the $1,000 fee, subject to the discretion of the Secretary of DHS, including but not limited to certain urgent medical needs, imminent family death, organ donation, funeral attendance, law enforcement assistance and certain procedural matters. The legislation exempts individuals from the parole fee when “the alien is a lawful applicant for adjustment of status under section 245 of the [Immigration and Nationality Act] (8 U.S.C. 1255); and is returning to the United States after temporary travel abroad.”
• Parole denials: USCIS states, “We will not grant parole unless you pay the immigration parole fee as instructed and within the specified time period.”

Additional Information: Certain new immigration fees required under H.R. 1 were first announced by USCIS in July and published in the FRN on July 22. BAL continues to monitor government guidance on the implementation of the legislation and will provide updates as 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 U.S. State Department has released the November 2025 Visa Bulletin. U.S. Citizenship and Immigration Services announced filings for employment-based visa preference categories must use the Dates for Filing chart in the November bulletin, which shows no movement across all EB visa categories.

The Dates for Filing chart indicates who is eligible to submit their application and supporting documents for further processing, even if the green card itself is not available. Review BAL’s employer’s guide to reading the Visa Bulletin to better understand this monthly report.

Dates for Filing chart category movement:

EB-1 visa

• China EB-1 visa Dates for Filing remain the same, with a cutoff date of May 15, 2023.
• India EB-1 visa Dates for Filing remain the same, with a cutoff date of April 15, 2023.
• For all other countries under the EB-1 visa category, including Mexico and the Philippines, Dates for Filing will remain current.

EB-2 visa

• China EB-2 visa Dates for Filing will remain the same, with a cutoff date of Dec. 1, 2021.
• India EB-2 visa Dates for Filing will remain the same, with a cutoff date of Dec. 1, 2013.
• For all other countries under the EB-2 visa category, including Mexico and the Philippines, Dates for Filing will remain the same, with a cutoff date of July 15, 2024.

EB-3 visa

• China EB-3 visa Dates for Filing will remain the same, with a cutoff date of Jan. 1, 2022.
• India EB-3 visa Dates for Filing will remain the same, with a cutoff date of Aug. 15, 2014.
• For all other countries under the EB-3 visa category, including Mexico and the Philippines, Dates for Filing will remain the same, with a cutoff date of
• July 1, 2023.

Dates for Filing Chart for Employment-Based Visa Applications

Preference Category	All chargeability areas except those listed	China – mainland born	India	Mexico	Philippines
EB-1 visa	Current	May 15, 2023	April 15, 2023	Current	Current
EB-2 visa	July 15, 2024	Dec. 1, 2021	Dec. 1, 2013	July 15, 2024	July 15, 2024
EB-3 visa	July 1, 2023	Jan. 1, 2022	Aug. 15, 2014	July 1, 2023	July 1, 2023

Additional Information: Final Action cutoff dates for issuance of an immigrant visa or approval of an adjustment of status application for the November Visa Bulletin can be found here.

Regarding when it will designate the use of either the Dates for Filing chart or the Final Action Dates chart per each monthly Visa Bulletin, USCIS states, “If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing chart. Otherwise, we will indicate on this page that you must use the Final Action Dates chart to determine when you may file your adjustment of status application. “However, if a particular immigrant visa category is ‘current’ on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.”

The State Department guidance on designating the Dates for Filing chart states, “The chart reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.

“The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated ‘current,’ all applicants in the relevant category may file, regardless of priority date. The ‘C’ listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.”

Diversity Visa Lottery 2026 (DV-2026) and 2027 updates: The November Visa Bulletin provides DV-2026 program cutoff dates per region. It reports that “approximately 129,516 prospective applicants (i.e., selectees and their spouses and children) have been registered, can confirm their selection, and may be eligible to make an application for an immigrant visa.”

The Bulletin also states that “Dates for the DV-2027 program registration period will be widely publicized in the coming months. Those interested in entering the DV-2027 program should check the Department of State’s Diversity Visa web page in the coming months.”

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 will implement the updated 2025 naturalization civics test starting Oct. 20, 2025.

Key Points:

• Applicants who file Form N-400 before Oct. 20, 2025, will take the 2008 version of the civics test.
• Applicants who file Form N-400 on or after Oct. 20, 2025, will take the 2025 version, which is based on the 2020 test with modifications to its administration.
• USCIS published a Notice of Implementation in the Federal Register (FRN) in alignment with Executive Order 14161, “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats.”
• Regarding the implementation of the 2025 naturalization civics test, the FRN states:

“In advance of the implementation of the 2025 Naturalization Civics Test, USCIS will update the Naturalization Test and Study Materials and Resources for Educational Programs that aliens may consult to study for the test. These study guide materials will also include the bank of 128 possible civics test questions, from which 20 test questions will be randomly selected for each individual test, along with the answers to those questions. USCIS will also temporarily retain on its website the study materials for the 2008 Naturalization Civics Test to help aliens applying for naturalization who will be administered the 2008 Naturalization Civics Test based on their application filing date to prepare for the civics test.”

Additional Information: USCIS first announced the implementation of changes to the 2025 naturalization civics test on Sept. 17. More details on test updates 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.

U.S. Citizenship and Immigration Services announced today that E-Verify has resumed operations. The announcement includes guidance regarding:

• Creating cases and case deadlines
• Mismatches
• Federal contractor deadlines
• Employees with traditional E-Verify cases
• Employees with E-Verify+ cases

Employers and employees can contact E-Verify directly for customer support at 888-464-4218 Monday through Friday from 8 a.m. to 8 p.m. ET or email e-verify@dhs.gov or e-verify@uscis.dhs.gov.

In today’s announcement, USCIS indicated it expects increased requests for customer assistance and callers “may experience longer than normal delays and response times.” USCIS will continue to provide updates and guidance regarding E-Verify operations and employer obligations on its www.everify.gov website and through email correspondence to employers enrolled in E-Verify.

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 State Department made minimal changes to its prior updates on nonimmigrant (NIV) and immigrant (IV) visa applicant interview scheduling, adding Burkina Faso to its designated processing post list.

Additionally, routine visa services for the U.S. Embassy Ouagadougou (the capital of Burkina Faso) will be temporarily paused, effective Oct. 10.

Key Points:

• The latest NIV and IV applicant interview scheduling updates from the State Department were limited to changes in certain visa processing post locations:
  • Burkina Faso was added to both the designated IV and NIV processing posts list, with Lome as the country’s designated location.
  • Niger’s designated location for nonimmigrant visa processing was changed to Lome (from its previous location of Ouagadougou).
• According to the State Department’s Oct. 9 update, Niger’s designated location for immigrant visa processing remains Abidjan.
• On Oct. 8, the State Department announced a temporary pause in routine visa services for the U.S. Embassy Ouagadougou, effective Oct. 10, 2025. The pause includes applications for IVs as well as NIVs for tourists, business travelers, students, exchange visitors and most other nonimmigrant categories. However, applications for A-1, A-2, G-1, G-2, G-4, C-2 and C-3 diplomatic and official visas will continue to be processed.

Additional Information: The State Department previously announced that starting Nov. 1, 2025, the National Visa Center will schedule IV applicants in their country of residence or, if requested, country of nationality. The State Department also announced in September that 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.

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, effective Oct. 2, 2025, that allows U.S. Citizenship and Immigration Services to begin processing certain H-2A petitions before the Department of Labor (DOL) approves the corresponding Temporary Labor Certification (TLC).

Key Points:

• USCIS may now begin processing electronically filed H-2A petitions for unnamed beneficiaries once DOL issues a notice of acceptance of the TLC application (and before approval).
• Petitioners must include the Employment and Training Administration (ETA) case number with the initial filing.
• USCIS will not approve any petition until DOL has approved the TLC.
• A new form, Form I-129H2A, can only be filed online via a USCIS online account. Paper filings of this form will be rejected.
• Initially, Form I-129H2A is only available to petitioners filing without Form G-28 and seeking unnamed beneficiaries.
• The procedural changes do not apply to H-2A petitioners filing by paper. Petitioners filing by paper or filing an H-2A petition for named beneficiaries filing with Form G-28 must continue to file Form I-129 by paper and wait until DOL approves the TLC before filing.
• USCIS plans to expand eligibility in the coming weeks for Form I-129H2A to H-2A petitioners seeking named beneficiaries or filing with Form G-28.

Additional Information: USCIS announced the new rule streamlining the final process for certain agricultural workers on Sept. 30. The rule is designed to support American agricultural employers by allowing earlier petition processing while maintaining labor protections for U.S. workers. More information on the filing process and the H-2A program can be found on this USCIS page.

For more information on guidance and legal strategies to improve your chances of obtaining H-2A visas, contact BAL’s expert H-2 legal team 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.