The Department of Homeland Security announced that Romania’s Visa Waiver Program (VWP) designation has been rescinded.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  • The review concluded that “Romania’s designation should be rescinded in order to protect the integrity of the VWP and to ensure border and immigration security.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.

U.S. Citizenship and Immigration Services announced it has reached the additional H-2B visa cap made for returning workers for the early second half of fiscal year (FY) 2025 with start dates from April 1 to May 14, 2025.

Key Points:

  • Under the H-2B supplemental cap temporary final rule, the cap for the additional H-2B visas made available for returning workers for the early second half of FY 2025 with start dates from April 1 to May 14, 2025, was set at 19,000.
  • The final receipt date for petitions requesting supplemental H-2B visas under the FY 2025 early second half returning worker allocation was April 18, 2025.
  • Additional information on supplemental visas for FY 2025 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 State Department posted reminders for summer travel, including the REAL ID requirement at U.S. airports for domestic flights starting May 7, 2025.

Key Points:

  • Beginning May 7, 2025, the Transportation Security Administration (TSA) will begin enforcing REAL ID requirements at domestic airport security checkpoints. Travelers should ensure they have a REAL ID or an acceptable alternative ahead of this deadline.
  • Valid U.S. passport books and cards are one of several accepted alternatives to REAL ID and can be used for domestic air travel.
  • Routine processing of U.S. passports takes four to six weeks and expedited processing takes two to three weeks, not including mailing times. Passports can be renewed online. In 2025, the State Department issues more than 500,000 passports for American citizens each week.
  • The State Department recommends getting a passport book and a passport card. Only the book may be used for international air travel, but both documents serve as official forms of federal identification and proof of U.S. citizenship.
  • The Smart Traveler Enrollment Program (STEP) is a free service that allows Americans to enroll their trip abroad so they can be contacted quickly in case of an emergency and receive real-time email updates about health, weather, safety and security wherever they are traveling.
  • U.S. citizens planning to go abroad should always consult travel advisories and country information at travel.state.gov.

Additional Information: A complete list of acceptable identification that are REAL ID compliant can be found here. TSA strongly encourages travelers to check this list again before traveling as it is subject to change without notice.

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 1, the department was adjudicating PERM applications filed in December 2023 and earlier and reviewing appeals for reconsideration filed in February 2025 and earlier.

Average Number of Days to Process PERM Applications

Determinations Month Calendar Days
Analyst Review March 2025 497
Audit Review N/A N/A

PWD Processing Times: As of April 1, the National Prevailing Wage Center is completing the processing of PWD requests filed in:

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

Redeterminations were being considered on appeals filed in December 2024 and earlier for both H-1B visa cases and PERM cases.

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

A U.S. District Court judge’s ruling on April 14 temporarily blocked the Department of Homeland Security from moving forward with the termination of categorical parole programs for Cuba, Haiti, Nicaragua and Venezuela (CHNV) scheduled to take effect April 24.

Key Points:

  • U.S. Citizenship and Immigration Services (USCIS) confirmed that, pursuant to the federal preliminary injunction order, the parole termination notices sent to CHNV foreign nationals are not currently in effect.
  • DHS published notice of the termination of certain temporary parole programs for Cubans, Haitians, Nicaraguans and Venezuelans on March 25, 2025, ending their parole and eligibility for work authorization on April 24, 2025, and instructing them to depart the country voluntarily by that date if they did not have another lawful basis to remain in the U.S. The government also sent individual notices to CHNV parolees.
  • Federal Judge Indira Talwani of the U.S. District Court, District of Massachusetts, issued a ruling on April 14 that temporarily prohibits DHS from revoking parole and employment authorization of CHNV parolees without a case-by-case review, writing that “early termination, without any case-by-case justification, of legal status for noncitizens who have complied with DHS programs and entered the country lawfully undermines the rule of law.”
  • Though litigation remains ongoing and the Trump administration is expected to appeal, the ruling prevents DHS from terminating CHNV parole and work authorization as planned on April 24 and “stays” the individual notices that were issued to CHNV parolees without case-by-case review. Parole and work authorization grants currently remain valid through their original expiration date.
  • The Biden administration established the temporary parole program for Venezuelan nationals in 2022 in an effort to discourage irregular border crossings, and then expanded the program in 2023 to include Cuban, Haitian and Nicaraguan nationals.

Additional Information: On March 31, 2025, the U.S. District Court for the Northern District of California paused the termination of the 2023 Temporary Protected Status designation for Venezuela, pending further litigation. BAL continues 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.