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The Department of Homeland Security published a Federal Register Notice (FRN) on “normalizing” Hungary’s Electronic System for Travel Authorization (ESTA) validity period and changing eligibility criteria for Hungarian nationals to travel to the U.S. under the Visa Waiver Program (VWP).
Key Points:
Additional Information: The FRN states, “Citizens and nationals of VWP countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant visitors for business or pleasure for a period of ninety days or less without first obtaining a nonimmigrant visa, provided they are otherwise eligible for admission under applicable statutory and regulatory requirements.” An overview of the VWP and requirements can be found here.
This alert has been provided by the BAL U.S. Practice Group.
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On Sept. 18, the State Department announced that it has revised the eligibility criteria for nonimmigrant visa (NIV) interview waivers. Effective Oct. 1, 2025, the State Department will update the categories of applicants who may be eligible for a waiver of the NIV interview.
Additional Information: The State Department previously revised the NIV interview waiver criteria, limiting the categories of applicants who may qualify for interview waiver and requiring all other NIV applicants, including children under the age of 14 and adults over the age of 79, to appear for an interview. Applicants should consult the website of the relevant U.S. embassy or consulate for specific procedures and operating status. This update supersedes the July 25, 2025, Interview Waiver Update.
U.S. Citizenship and Immigration Services announced the implementation of changes to the 2025 naturalization civics test, posted in the Federal Register Notice (FRN) to be published on Sept. 18, 2025.
According to USCIS, the updated test is designed to better assess applicants’ understanding of U.S. history and government in alignment with statutory requirements.
The FRN “does not change the English language part of the naturalization test (reading, writing, speaking and understanding).”
USCIS said it will “announce other initiatives to further enhance the integrity of the naturalization process” in the coming weeks and months, which BAL will continue to monitor and update.
The State Department has published a final rule establishing a $1 registration fee for the Diversity Visa (DV) lottery program, effective Sept. 16, 2025.
Additional Information: There is a limited period when applicants can register for the DV Program during each fiscal year. Each year, the State Department publishes detailed instructions for entering the DV Program, including the registration period dates. More program details can be found here.
The State Department announced that all available immigrant visas in the Employment-Based Fifth Preference (EB-5) unreserved category have been issued for fiscal year (FY) 2025.
The U.S. District Court for the Northern District of California issued a judgment and order on Sept. 5, 2025, setting aside Department of Homeland Security Secretary Noem’s decision, allowing the 2023 Temporary Protected Status (TPS) designation for Venezuela to continue, and extending TPS for beneficiaries under the 2023 Venezuela designation through Oct. 2, 2026.
On Sept. 15, 2025, U.S. Citizenship and Immigration Services published guidance on the validity of certain Form I-766 Employment Authorization Documents (EADs) issued under the 2023 and 2021 TPS designations for Venezuela.
Employers should be aware of the following expiration and reverification dates for certain EADs issued under the 2023 and 2021 TPS designations for Venezuela noted below:
Under the 2023 TPS designation of Venezuela
EADs with a category A12 or C19 and a Card Expires date of April 2, 2025, issued under the 2023 TPS designation of Venezuela expire on April 2, 2026. Employers must reverify TPS Venezuela beneficiaries who presented these EADs before they start work on April 3, 2026.
Under the 2021 TPS designation of Venezuela
EADs with a category A12 or C19 and a Card Expires date of Sept. 10, 2025; March 10, 2024; or Sept. 9, 2022, issued under the 2021 TPS designation of Venezuela, who reregistered under the Jan. 17, 2025, extension notice expire on April 2, 2026. Employers must reverify TPS Venezuela beneficiaries who presented these EADs before they start work on April 3, 2026.
EADs with a category A12 or C19 and a Card Expires date of Sept. 10, 2025; March 10, 2024; or Sept. 9, 2022, issued under the 2021 TPS designation of Venezuela, who did NOT reregister under the Jan. 17, 2025, extension notice expire on Nov. 7, 2025. Employers must reverify TPS Venezuela beneficiaries who presented these EADs before they start work on Nov. 8, 2025.
Learn more about how BAL guides employers through the employment authorization process for different work visas and helps ensure they don’t miss important expiration and reverification dates.
Additional Information: The government has appealed and is currently seeking an emergency stay of the ruling. More information and guidance from USCIS is available on the TPS and I-9 Central websites.
U.S. Citizenship and Immigration Services announced that it has received enough petitions to meet the congressionally mandated cap for H-2B visas for the first half of fiscal year (FY) 2026.
Additional Information: USCIS announced in late August that nearly all H-2B visa slots for the first half of FY 2026 had been filled. The H-2B program enables U.S. employers to hire foreign nationals for temporary nonagricultural roles. While the cap controls visa issuance, exemptions provide flexibility for ongoing employment and specialized labor needs.
The U.S. State Department has released the October 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 October bulletin, which shows advancement across EB-1, EB-2 and EB-3 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
EB-2 visa
EB-3 visa
July 1, 2023.
Dates for Filing Chart for Employment-Based Visa Applications
Additional Information: 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.”
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.”
Final Action cutoff dates for issuance of an immigrant visa or approval of an adjustment of status application for the October Visa Bulletin can be found here.
The Department of State announced on Sept. 9, that the annual limit for Employment-Based Third Preference (EB-3) immigrant visas and the “Other Workers” (EW) subcategory has been reached for fiscal year (FY) 2025.
The Department of State announced on Sept. 8, that the annual limit for Employment-Based First Preference (EB-1) immigrant visas has been reached for fiscal year (FY) 2025.