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WR Immigration News Digest

Apr 3, 2025 | Immigration Updates

Enhanced Visa Scrutiny and Social Media Vetting for F, M, J Applicants

U.S. consulates must now refer certain F, M, and J visa applicants for mandatory social media screening, specifically those who previously held such visas or had records terminated since October 7, 2023. Visa denials may stem not only from security concerns but also from perceived political expression online.

Impact: Mobility teams should caution affected employees or interns about online activity, limit international travel while visa applications are pending, and ensure access to legal counsel if they’re contacted by federal agencies. Early legal review and travel planning are critical to minimize risk.

Visa and Green Card Holders Face Increased Scrutiny at U.S. Borders

U.S. Customs and Border Protection has ramped up scrutiny of visa and green card holders, including enhanced social media vetting and a temporary pause on certain green card applications. Students and exchange visitors (F, M, J visas) with prior U.S. stays or terminated SEVIS records may face mandatory fraud reviews.

Foreign Nationals entering the U.S. perceived as expressing anti-U.S. views, even through lawful speech, could face delays, refusal of admission, removal, or detention. In rare cases, green card holders have been flagged for removal or detained based on foreign policy concerns

Impact: Global mobility teams should eadvise employees on digital risk exposure, and partner with legal counsel to identify and mitigate potential issues early.

Tips for International Employees Entering the U.S.

International travel to the U.S. has become more unpredictable due to enhanced border enforcement and evolving security practices. Visa holders should ensure all travel documents are current and consult with immigration counsel before travel, particularly if they’re from countries on the proposed “red list” (e.g., Iran, Syria, Venezuela).

U.S. Customs and Border Protection officers have broad authority to question travelers and inspect electronic devices. Unlike U.S. citizens or permanent residents, visa holders have limited rights and may not refuse device access or questioning without risking denial of entry. Mobility teams should advise travelers to minimize sensitive data on devices, carry legal contact information, and avoid nonessential travel while applications are pending. Being referred to secondary inspection could result in delays or, in rare cases, prolonged detention.

Impact: Visa holders may face delays, device searches, or even detention at U.S. ports of entry, preparation is critical.

H-2B Cap Reached for FY 2025: Supplemental Filing Dates Announced

USCIS announced it has reached the H-2B cap for the second half of FY 2025, with March 5, 2025, as the final receipt date for new petitions with start dates between April 1 and September 30, 2025. However, filing dates for FY 2025’s supplemental H-2B visas, granted through a temporary increase, are now available.

Impact: Mobility and staffing teams relying on seasonal or short-term labor should review the supplemental filing windows and act quickly, as demand typically exceeds supply. Early coordination with immigration counsel is essential to secure remaining H-2B slots.

April Fools’ Satire Spotlights Visa Compliance Risks

On April 1, 2025, a spoof news story claimed Elon Musk was arrested and deported for violating J-1 student visa terms in the 1990s. While not real, the satirical piece draws attention to a valid compliance concern: students on J-1 or F-1 visas must maintain full-time enrollment to preserve lawful status and work eligibility. Dropping out, even for entrepreneurial pursuits, can jeopardize immigration status and future benefits.

Impact: In light of heightened scrutiny on student and exchange visitors, mobility teams should stay vigilant when advising early-career hires, founders, or researchers with student visa histories. Accurate documentation and careful visa transitions are key to avoiding enforcement risks.

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My I-526E for an Investment in a Rural Project Has Been Approved in 3-4 Months – Now What?

By Joey Barnett The EB-5 Reform and Integrity Act of 2022 (“RIA”) created new EB-5 reserved visa set-aside categories which allow certain visa bearing nonimmigrants lawfully in the U.S. to concurrently file an adjustment of status application on Form I-485 with the Form I-526E, Immigrant Petition by Regional Center Investor. The U.S. Citizenship and Immigration Service (“USCIS”) has also heeded Congress’ directive to prioritize the processing and adjudication of EB-5 petitions for investment projects located in rural area, and USCIS has approved several Forms I-526E in as quick as 3-4 months!  Some adjudications on Forms I-526E for investments in a “High Unemployment Area” are taking “only” 12-14 months.  This “last-in-first out” LIFO approach to processing post-RIA cases is frustrating to investors who filed petitions in 2019 (or in some cases 2018) before the Regional Center program lapsed in June 2021. WR Immigration has filed hundreds of Forms I-526E and have already received dozens of approvals.  Here are next steps for the immigrant investor and his/her family. 1.                Form I-526E Approval Notice.  The Form I-797C, Notice of Action indicates that the Form I-526E has been approved for one or more visa classifications and lists two visa categories – both reserved and […]

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Immigration Update

In this edition, find the latest news about U.S. Citizenship and Immigration Services’ (USCIS’s) clarification of physical presence guidance for asylees and refugees applying for adjustment of status, U.S. Customs and Border Protection’s (CBP’s) proposal to require additional passenger air travel documents, and certain asylum becoming eligible to apply for work authorization online. USCIS Clarifies Physical Presence Guidance for Asylees and Refugees Applying for Adjustment of Status U.S. Citizenship and Immigration Services (USCIS) has clarified that an asylee or refugee must have been physically present in the United States for one year when USCIS adjudicates the Form I-485, Application to Register Permanent Residence or Adjust Status, rather than when the adjustment of status application is filed. This applies to all Form I-485 and Form N-400, Application for Naturalization, applications that were pending on February 2, 2023, and those filed on or after that date. The guidance update also clarifies that asylee and refugee adjustment of status applicants previously admitted in J-1 or J-2 nonimmigrant status and otherwise subject to the two-year foreign residence requirement under Immigration and Nationality Act (INA) § 212(e) do not need to meet that two-year requirement (or obtain a waiver) to adjust their status under INA § 209. […]

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