Search
Contact
Login
Share this article
As of Oct. 8, the State Department has updated its list of countries subject to visa bond requirements under the Temporary Final Rule pilot program authorized by the Immigration and Nationality Act Section 221(g)(3).
Key Points:
Additional Information: The launch of the visa bond pilot program was announced in August. More details on the bond payment process, 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.
The Department of Homeland Security announced on Oct. 3 that “the Supreme Court of the United States granted an emergency request by the Trump administration to end Temporary Protected Status (TPS) for over 300,000 Venezuelan aliens in the United States.”
Additional Information: Employers are encouraged to consult with their BAL attorney for case-specific guidance. Litigation remains ongoing, and BAL will continue to monitor and provide updates as more information becomes available. The 2021 designation of Venezuela for TPS is currently scheduled to terminate Nov. 7, 2025. More information can be found on the USCIS website.
Congress did not pass a measure to fund the federal government by the Sept. 30 funding expiration date, resulting in a partial government shutdown that began at 12:01 a.m. Oct. 1. While many immigration services are funded by filing fees and may not be directly affected, some will come to a halt during the shutdown, including immigration functions at the Department of Labor.
Following is a summary of immigration agencies and services that will likely be impacted:
Department of Labor: The DOL is expected to suspend operation of its immigration functions. This means the department’s Office of Foreign Labor Certification will stop accepting and processing immigration-related applications, including PERM applications, labor condition applications, applications for prevailing wage determinations and temporary employment certifications.
U.S. Citizenship and Immigration Services: USCIS can continue processing immigration benefit applications, but delays should be expected, particularly if the shutdown is prolonged. The Department of Homeland Security has indicated the majority of USCIS employees would continue working in the event of a shutdown. However, filing of USCIS petitions that require documentation from the DOL may be subject to delays, as employers will be unable to obtain labor condition applications, which are a prerequisite to H-1B, H-1B1 and E-3 filings, including extensions of status and changes of employers in those categories. USCIS will continue to accept and process immigrant and nonimmigrant petitions, including adjustment of status (green card) applications.
State Department: The State Department can continue processing visas and passports, so long as funds are available. If other government agencies and offices that support consular processing are unable to maintain operations at any time during a shutdown, visa and passport processing could be impacted.
Immigration and Customs Enforcement: ICE is expected to continue to operate. ICE’s Student and Exchange Visitor Information System (SEVIS) should continue its normal operations.
Customs and Border Protection: CBP ports of entry will continue to operate. However, foreign nationals could experience delays.
E-Verify and other programs: Several programs will be unavailable until they are reauthorized by Congress, including E-Verify and E-Verify+. Employers will be unable to enroll in E-Verify, access or create E-Verify cases or resolve tentative non-confirmations. However, employers remain required to comply with all Form I-9 obligations, as the ability to complete the Form I-9 within the required timeframes is not affected by a shutdown. Employers will not be penalized for shutdown-related delays in E-Verify but will still be required to complete E-Verify cases as applicable when the system becomes available. Other programs that will be unavailable until they are reauthorized include the Conrad 30 waiver for J-1 physicians and the Special Immigrant Religious Workers program.
Additional Information: Congress will have to pass another bill or stopgap measure to reopen the federal government. BAL is closely monitoring events in Washington, D.C., and will continue to provide updates on developments.
Effective Sept. 29, the Department of Transportation’s Federal Motor Carrier Safety Administration published an interim final rule (IFR) in the Federal Register that significantly limits the ability of non-U.S. citizens or temporary residents to obtain commercial driver’s licenses.
Additional Information: In the IFR, the agency cited a “crisis that constitutes an imminent hazard to public safety and a direct threat to national security” as the impetus for the rule and its immediate implementation. BAL will continue to monitor related developments and provide essential updates.
The U.S. State Department has updated its list of countries subject to visa bond requirements under the Temporary Final Rule pilot program to include The Gambia.
Update on applications received for requested date of need from April 1, 2025 (fiscal year 2025 second half of the visa cap):
The Department of Labor reported that as of Sept. 20, a total of 8,945 cases were issued Final Decisions. Certified positions for this period were allocated for 549 workers (a substantial decline from last month’s report of 120,470 workers).
Update on applications received for requested date of need from Oct. 1, 2025, through March 31, 2026:
DOL reported that as of Sept. 20, a total of 2,908 cases were issued Final Decisions. Certified positions for this period were allocated for 50,225 workers.
H-2B Prevailing Wage Determination processing times:
As of Sept. 1, the number of remaining requests for H-2B visa PWD applications received in August 2025 was 3,159; those received in July were 326; and those received in June were 23.
These dates reflect the month and year in which applications were filed (request date) or submission date of the appeal request for Redeterminations or Center Director Review. The Office of Foreign Labor Certification (OFLC) encourages employers to request a prevailing wage determination for the H-2B program at least 60 days before the date the determination is needed. For various reasons, OFLC may be completing the processing of applications filed prior to the month posted. Withdrawn and voided requests are excluded from the total, which may cause the numbers for previous months to fluctuate.
Additional Information: Per U.S. Citizenship and Immigration Services, 64,716 supplemental H-2B visas were allocated for the entire fiscal year. Of that total, 5,000 visas were limited to May 15 through Sept. 30 start dates for returning workers who were issued H-2B visas or held H-2B status in FYs 2022, 2023 or 2024, regardless of country of nationality.
These late second half of FY 2025 petitions must have requested employment start dates from May 15 through Sept. 30, 2025.
Learn more about H-2B visas here.
The Department of Homeland Security recently published a Notice of Proposed Rulemaking (NPRM) in the Federal Register to amend certain regulations governing the U.S. Citizenship and Immigration Services process for H-1B registration selection during the annual cap lottery.
According to the NPRM, DHS “proposes to implement a weighted selection process that would generally favor the allocation of H-1B visas to higher skilled and higher paid aliens, while maintaining the opportunity for employers to secure H-1B workers at all wage levels, to better serve the Congressional intent for the H-1B program.”
If the proposal is finalized, USCIS would give greater weight to cap lottery registrations based on the equivalent Occupational Employment and Wage Statistics (OEWS) wage level the offered wage meets or exceeds. Registrations with an offered wage at or above the applicable Wage Level IV for the specific Standard Occupational Classification (SOC) Code and geographic location would receive four entries in the cap lottery, Wage Level III would receive three entries, Wage Level II would receive two entries, and Wage Level I would receive one entry. As a result, registrations for roles with a higher equivalent OEWS wage level would have a higher likelihood of being selected in the annual cap lottery.
The table below provides a summary of the four primary changes DHS has proposed:
Publication of the NPRM is the first step in the formal rulemaking process. Changes will 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.
Written comments on the NPRM from the public can be submitted here on or before Oct. 24, 2025.
Additional Information:
BAL’s Government Strategies team works closely with companies and organizations of all sizes and all stages of growth to proactively respond to shifting immigration policies. Immigration professionals and stakeholders can join BAL Community at no cost to participate in real-time briefing calls, receive newsletters, benchmarking and more with expert insights and guidance on the latest immigration matters impacting employers and their foreign national employees.
BAL will continue to monitor developments for this NPRM and provide essential updates.
The Department of Homeland Security published notice of the termination of the designation of Syria for Temporary Protected Status (TPS), effective Nov. 21, 2025.
Additional Information: DHS estimates that there are 6,132 current approved beneficiaries and reports that as of Sept. 8, 2025, there are 833 total pending applications for the designation of Syria for TPS.
Syria was initially designated for TPS on March 29, 2012, based on a determination that extraordinary and temporary conditions in Syria prevented nationals of Syria from returning in safety and that permitting such nonimmigrants to remain temporarily in the U.S. would not be contrary to U.S. national interests. Following the initial designation, the former Secretary extended and newly designated Syria for TPS three times based on ongoing armed conflict and extraordinary and temporary conditions.
On Sept. 19, 2025, President Trump signed a proclamation and executive order (EO) impacting the H-1B visa program and establishing a new “Gold Card” visa program, respectively. The Department of Labor also launched “Project Firewall.”
Following are key takeaways from the proclamation, EO and related developments that occurred Sept. 19-21:
H-1B proclamation
On the evening of Sept. 19, the White House issued a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” The proclamation provides that “the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 — subject to the exceptions set forth in subsection (c) of this section.” A fact sheet is available here.
On Sept. 20, U.S. Citizenship and Immigration Services issued a memo providing guidance on the proclamation. The memo provides, “This proclamation only applies prospectively to petitions that have not yet been filed.” It also provides, “The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas.” U.S. Customs and Border Protection also issued a memo. Of note, the CBP memo provides that “CBP will continue to process current H-1B visa holders in accordance with all existing policies and procedures.”
On Sept 21, the White House issued an H-1B FAQ, which USCIS and the Department of State also posted online.
The proclamation also requires the Secretary of Labor to “initiate a rulemaking to revise prevailing wage levels” and the Secretary of Homeland Security to “initiate a rulemaking to prioritize the admission as nonimmigrants of high-skilled, high-paid aliens.”
DOL launches “Project Firewall”
On Sept. 19, the Department of Labor announced the launch of “Project Firewall” to “maximize H-1B program compliance” and “safeguard the rights, wages and job opportunities of highly skilled American workers.” The initiative will involve “Secretary-certified investigations” in addition to other H-1B–related investigations. The announcement states, “Violations may result in the collection of back wages owed to affected workers, the assessment of civil money penalties, and/or debarment from future use of the H-1B program for a prescribed period of time.”
Trump Gold Card visa program
On Sept. 19, the White House issued an EO titled “The Gold Card” creating a “visa program overseen by the Secretary of Commerce that will facilitate the entry of aliens who have demonstrated their ability and desire to advance the interests of the United States by voluntarily providing a significant financial gift to the Nation.”
Eligibility for the “expedited process” requires individuals to donate an amount of $1 million on his or her own behalf, and corporations or similar entities donating on behalf of an individual can gift $2 million. Gifts are to be made to the Department of Commerce. The Secretary of Commerce, Secretary of State and Secretary of Homeland Security have 90 days from the EO date to implement the Gold Card program.
The EO provides, “In adjudicating visa applications, the Secretary of State and the Secretary of Homeland Security shall, consistent with applicable law, treat the gift specified in subsection (a) of this section as evidence of eligibility under 8 U.S.C. 1153(b)(1)(A), of exceptional business ability and national benefit under 8 U.S.C. 1153(b)(2)(A), and of eligibility for a national-interest waiver under 8 U.S.C. 1153(b)(2)(B).”
Learn how BAL’s Gold Card practice group can help you submit a qualified application for the Trump Gold Card.
LEARN MORE
Additional Information: BAL is closely monitoring the above 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 members of
The State Department updated global visa wait times on Sept. 17, 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.
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, while Chennai (Madras) saw B-1/B-2 average wait times reduced by 72% month over month, New Delhi saw wait times for B-1/B-2 next available appointments more than double.*:
The cities/posts with the longest average wait times for B-1/B-2 visas were Hermosillo (20.5 months), Tegucigalpa (18 months), Lagos (15.5 months), Toronto (15.5 months), Bogota (15 months), Tijuana (14.5 months) and Ottawa (12 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 will be effective Oct. 1.
*The current global visa wait times were compared with global visa wait times posted by the State Department on Aug. 18, 2025.