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WR Immigration News Digest

Feb 20, 2025 | Immigration Updates

Policy Update: U.S. Visa Interview Waiver Eligibility Reduced to 12 Months

On February 13, 2025, the U.S. Department of State implemented a policy change reducing the eligibility period for interview waiver (Dropbox) appointments from 48 months to 12 months. This change applies immediately and affects applicants submitting passports for visa renewal at consular locations, including those who scheduled appointments months in advance under the previous 48-month eligibility rule. Applicants who no longer meet the revised criteria must now schedule a new appointment for a consular interview.

Impact: Global mobility teams should review upcoming visa renewals, identify affected employees, and assist with rescheduling consular appointments as needed.

OFLC to Remove Older Records from FLAG System

On February 14, 2025, the Department of Labor’s Office of Foreign Labor Certification (OFLC) announced that, starting March 20, 2025, records older than five years will be deleted from the Foreign Labor Access Gateway (FLAG) System.

Deletions will be based on the final determination date recorded in FLAG. For example, cases with a final determination date of March 21, 2020, will be removed on March 21, 2025. OFLC advises stakeholders to download any records they wish to retain before they become eligible for deletion.

Affected Programs:

  • Prevailing Wage Determinations (PWD)
  • Permanent Labor Certification Applications (PERM)
  • Temporary Labor Certification Applications (H-2A, H-2B, CW-1 visas)
  • Temporary Labor Condition Applications (H-1B, H-1B1, E-3 visas)

Impact: Employers and legal counsel should review their records in FLAG and take necessary steps before the deletion deadline to prevent loss of important case data.

DHS Issues Employer Guidance on I-9 Reverification for Venezuelan TPS Holders

On February 5, 2025, DHS released employer guidance on I-9 reverification for Venezuelan TPS beneficiaries.

  • 2021 TPS Beneficiaries: EADs with A12 or C19 and expiration dates of March 10, 2024, or September 9, 2022, expire March 10, 2025. Employers must reverify before work begins on March 11, 2025.
  • 2023 TPS Beneficiaries: EADs with A12 or C19 expiring April 2, 2025, must be reverified before work begins on April 3, 2025.

DHS confirmed that the 2023 TPS designation will end on April 7, 2025, but the 2021 designation remains valid until September 10, 2025. Employers should review records to ensure compliance.

Impact: Employers should review their I-9 Form records and ensure timely compliance with reverification requirements to avoid work authorization gaps.

The March Visa Bulletin show EB-2 and EB-3 Advancement for India

In March, the EB-2 and EB-3 Final Action Dates for India will move forward by six weeks. EB-2 China will advance by two weeks, while EB-2 Worldwide will also jump ahead by six weeks. The Final Action Date for EB-3 China Professional/Skilled Workers will shift forward by one month. Meanwhile, EB-1 and EB-5 Final Action Dates will stay the same. Chart A, Final Action Dates, control in March.

Impact: Employers should initiate Adjustment of Status Application I-485 for eligible individuals as soon as possible.

DHS Vacates Haiti TPS Extension and Redesignation

On February 20, 2025, DHS partially vacated the Federal Register Notice published in July 2024 that had extended and redesignated Haiti for Temporary Protected Status (TPS).  The current announcement by DHS revises the extension period and redesignation of Haiti for TPS from 18 months to only 12 months.  That means that the Haiti TPS designation and work authorization is now only valid until August 3, 2025.  USCIS posted notice of this revision.

Impact: Employers should review their I-9 Form records and ensure the work authorization expiration based on the new reduced period (from February 3, 2026 to August 3, 2025) and to also ensure timely compliance with reverification requirements in order to avoid work authorization.

Related Posts:

June 2022 Visa Bulletin

The Department of State has issued its June 2022 Visa Bulletin, and the most notable update is a significant advancement in the India EB-2 final action dates, which will advance by a full year to September 1, 2014. There is little movement in the final action dates for most other employment-based preference categories. Final action dates remain unchanged from May 2022 for China EB-2, and India and China EB-3. All other countries under EB-2 and EB-3 will remain current, and EB-1 also remains current for all countries including India and China. There is also little movement in the dates for filing chart, although USCIS has announced that the final action dates chart must be used in June, which is a change from prior months, and, for Indian nationals, means that anyone with a priority date of September 1, 2014 or earlier will be eligible to file an adjustment of status in June. For EB-5 cases, the June visa bulletin combined the unreserved direct (C5 and T5) with the pre-Regional Center lapse categories (R5 and I5) and established a final action date of November 11, 2015 and application filing date of December 15, 2015 for mainland China, due to sufficient demand […]

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Immigration Update

In this edition, find the latest news on program requirements for entities seeking Regional Center designation under the EB-5 immigrant investor program, the State Department appealing four court orders on Diversity Visa adjudications, the USCIS increasing automatic work permit extension period for certain applicants, and more.  New Forms, New Program Requirements Announced for Entities Seeking Regional Center Designation Under EB-5 Immigrant Investor Program U.S. Citizenship and Immigration Services (USCIS) published two new forms for regional center designation under the EB-5 Immigrant Investor Program: Form I-956, Application for Regional Center Designation, and Form I-956H, Bona Fides of Persons Involved with Regional Center Program. USCIS said that all entities seeking regional center designation must submit these forms in compliance with new program requirements, which began May 14, 2022, and are effective through September 30, 2027. Below are highlights of related news: USCIS said it will continue to adjudicate Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, and will adjudicate Form I-829 petitions associated with Form I-526, Immigrant Petition by Alien Entrepreneur, filed before March 15, 2022, under the applicable eligibility requirements in place before enactment of the EB-5 Reform and Integrity Act of 2022. USCIS said it also […]

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