The Department of Homeland Security announced it is terminating the designation of Afghanistan for Temporary Protected Status (TPS) effective July 14, 2025.

Key Points:

  • DHS said it was terminating the TPS designation of Afghanistan because the Secretary of Homeland Security determined that “overall, there are notable improvements in the security and economic situation such that requiring the return of Afghan nationals to Afghanistan does not pose a threat to their personal safety due to armed conflict or extraordinary and temporary conditions … permitting Afghan nationals to remain temporarily in the United States is contrary to the national interest of the United States.”
  • According to the Federal Register notice published May 13, 2025, the termination will take effect at 11:59 p.m. local time on July 14, 2025, 60 days after publication.
  • Afghan nationals who have obtained another immigration benefit apart from TPS, including parole, will retain that immigration benefit unless otherwise notified.
  • The notice states that Afghan TPS beneficiaries continue to be employment authorized during the 60-day transition period and automatically extends the validity of certain EADs previously issued under the TPS designation of Afghanistan through July 14, 2025. More information can be found in the notice and on the U.S. Citizenship and Immigration Services TPS website.

Additional Information: DHS previously announced in September 2023 that it had extended the redesignation of Afghanistan for TPS from Nov. 21, 2023, to May 20, 2025. DHS estimates that approximately 11,700 Afghan nationals (and individuals having no nationality who last habitually resided in Afghanistan) hold TPS under Afghanistan’s designation.

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 State Department has launched the Immigrant Visa (IV) Scheduling Status Tool to give visa applicants an idea of when to expect their immigrant visa interview.

Key Points:

  • The tool’s results show when the National Visa Center (NVC) is scheduling interviews at a specific U.S. embassy or consulate.
  • Interviews can only be scheduled if a visa is available and are scheduled based on the date that the NVC determines the necessary fees have been paid and all required documents submitted.
  • Visa availability for employment-based preferences and family-sponsored preferences can be found in the monthly Visa Bulletin.
  • Visa cases that are not reflected in the IV Tool include: Diversity Visas, Afghan Special Immigrant Visas, I-601A provisional waivers and Adoptions.

Additional Information: Further guidance on how to use and interpret the IV Tool, interview preparation, expediting a visa application and other information can be found on the State Department’s IV Tool page.

The State Department has also updated its Global Visa Wait Times page with additional information on the average time nonimmigrant visa applicants waited for an interview in the previous month and included a filter tool to more easily access information by desired city/post, visa classification and other categories. Excerpts from the latest global visa wait times as of April 25, 2025, of some of the city/posts with the most visa issuances 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.

The Department of Homeland Security announced the implementation of its REAL ID enforcement measures at Transportation Security Administration checkpoints nationwide. Travelers with a noncompliant ID will now face additional screening measures.

Key Points:

  • DHS reports that 81% of travelers are already REAL ID compliant and “ensure[s] there is no impact to wait times or TSA screening applications, especially for those passengers who are prepared with their REAL ID, passport or other acceptable form of ID.”
  • The DHS REAL ID page has state-specific details to confirm if certain identification is compliant.
  • Valid U.S. passport books and cards are one of several accepted alternatives to REAL ID and can be used for domestic air travel. A list of identification acceptable at a TSA checkpoint (subject to change without notice) can be found here.
  • Passengers who present a state-issued identification that is not REAL ID compliant at TSA checkpoints and who do not have another acceptable alternative form of ID will be notified of their noncompliance and may be directed to a separate area to receive additional screening.

Additional Information: DHS noted that “TSA expects the number of passengers obtaining REAL IDs to steadily increase and will continue with additional screening measures for those without a REAL ID until it is no longer considered a security vulnerability.”

Find more summer travel reminders 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.

The Labor Department posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.

PERM Processing Times: As of April 30, the department was adjudicating PERM applications filed in December 2023 and earlier and reviewing appeals for reconsideration filed in March 2025 and earlier.

Average Number of Days to Process PERM Applications

Determinations Month Calendar Days
Analyst Review March 2025 499
Audit Review N/A N/A

PWD Processing Times: As of April 30, the National Prevailing Wage Center is completing the processing of PWD requests filed in:

  • December 2024 and earlier for H-1B visa Occupational Employment and Wage Statistics (OEWS) and non-OEWS cases
  • December 2024 and earlier for PERM OEWS cases
  • November 2024 and earlier for PERM non-OEWS cases

Redeterminations were being considered on appeals filed in March 2025 and earlier for H-1B visa cases and January 2025 and earlier for PERM cases.

Center Director Reviews were being conducted for both H-1B visa cases and PERM cases filed in October 2024 and earlier.

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 that Romania’s Visa Waiver Program (VWP) designation has been rescinded.

Key Points:

  • The Biden administration designated Romania as a VWP country on Jan. 9, 2025.
  • On March 25, 2025, DHS paused implementation of the VWP to conduct a review of Romania’s designation.
  • The review concluded that “Romania’s designation should be rescinded in order to protect the integrity of the VWP and to ensure border and immigration security. Romania may be reconsidered for VWP designation in the future should they meet the statutory eligibility criteria.”

Additional Information: A current list of VWP designated countries 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.

Diversity Visa lottery results for DV-2026 Diversity Visa Program (DV-2026) applicants are now available on the State Department’s Entrant Status Check page.

Key Points:

  • To check status online, individuals who entered the lottery will need to provide their entrant confirmation number, last name or family name and year of birth.
  • The State Department will not mail notification letters or notify selectees by email, text or phone call, nor will U.S. embassies or consulates provide a list of selectees. The Entrant Status Check page is the only way to confirm status.
  • Those selected in the lottery will receive instructions on the Entrant Status Check page about how to apply for immigrant visas for themselves and eligible family members.
  • DV-2026 entrants should keep their confirmation number until at least Sept. 30, 2026.
  • Entrants for the prior program year, DV-2025, have until Sept. 30, 2025, to check the status of their entry.

Additional Information: The Diversity Visa program provides 55,000 immigrant visas (green cards) per year to individuals from countries with low levels of immigration to the United States. Individuals register during an annual registration period and are selected through a random lottery. The DV-2026 registration period was open Oct. 2, 2024, through Nov. 7, 2024. Entries are no longer being accepted at this time.

The State Department’s Entrant Status Check webpage is the only official source where results are posted. Selectees are encouraged to apply for visas as early as possible once their program rank numbers become eligible.

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 designation of South Sudan for Temporary Protected Status (TPS), which was set to expire on May 3, 2025, has been automatically extended to Nov. 3, 2025.

Key Points:

  • Under the TPS statute, if the Secretary of Homeland Security (Secretary) does not determine whether a foreign state continues to meet the conditions for designation for TPS at least 60 days before the current expiration of the country’s TPS designation, the period of designation is automatically extended for six months.
  • The 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.”
  • Existing TPS beneficiaries do not need to re-register for TPS; their TPS is automatically extended through Nov. 3, 2025, if they continue to meet TPS eligibility requirements.
  • The six-month extension of South Sudan for TPS is effective May 4, 2025, through Nov. 3, 2025.
  • South Sudan nationals who already have an Employment Authorization Document (EAD) with an expiration date of May 3, 2025, or Nov. 3, 2023, will have their EAD automatically extended through Nov. 3, 2025, without any further action needed on their part.
  • General information related to employment authorization for TPS beneficiaries and their employers can be found in the published Federal Register notice.

Additional Information: South Sudan was initially designated for TPS on Oct. 13, 2011, on the dual bases of ongoing armed conflict and extraordinary and temporary conditions that prevented nationals of South Sudan from safely returning. Following the initial designation, DHS extended and newly designated South Sudan for TPS in 2013, 2014 and 2016.

In 2017, 2019 and 2020, DHS extended the TPS designation for South Sudan, based on ongoing armed conflict and extraordinary and temporary conditions, and extended and newly designated TPS for South Sudan on the same bases in 2022. Most recently, in September 2023, DHS extended and newly designated South Sudan for TPS for 18 months based on ongoing armed conflict and extraordinary and temporary conditions, from Nov. 4, 2023, to May 3, 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.

The State Department has updated global visa wait times. The update now includes additional information on the average time nonimmigrant visa applicants waited for an interview in the previous month. The Department also continues to provide the estimated wait time until the next available interview appointment for visitor visas.

Although visa wait time information is scheduled to be updated monthly, 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 available slot if available.

Excerpted below are the global visa wait times as of April 25, 2025, of some the city/posts that historically have the most visa issuances:

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 1.5 months 0 months 0 months
Chennai (Madras) 11.5 months 13.5 months 1.5 months 2 months
Ciudad Juarez 6 months 6.5 months 1 month 1 month
Guatemala City 8 months 12 months 0 months 0.5 months
Hermosillo 10.5 months 6 months 0.5 months 0 months
Ho Chi Minh City N/A 0.5 months 0.5 months 0 months
Hong Kong N/A 0.5 months 0 months 0 months
Hyderabad 7.5 months 7.5 months 2 months 2.5 months
Mexico City 9.5 months 10.5 months 1 month 3.5 months
New Delhi 9 months 9 months 2 months N/A
Shanghai N/A 3 months 1 month 1 month

Additional Information: More details on the different visa categories referenced in the table can be found here.

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 application has been submitted and the required fee has been paid. (The fee is typically non-transferable 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 time tables. Please check the individual U.S. embassy or consulate website to find out if a waiver of the in-person interview is 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.

U.S. Citizenship and Immigration Services has advised that only the updated Jan. 20, 2025, editions of Temporary Protected Status (TPS), employment authorization and other applications forms will be accepted starting May 29.

Key Points:

Additional Information: The complete list of updated forms and effective dates 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 has updated certain forms and only the Jan. 20, 2025, editions will be accepted starting May 28, including temporary to permanent resident status adjustment and EB-5 investor forms.

Key Forms:

Additional Information: The complete list of updated forms and effective dates 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.