Client Payment Portal

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.

Related Posts:

Employment-Based Immigrant Visa Trends and Immigrant Visa Usage for 2022 Fiscal Year

For an in-depth look at the April Visa Bulletin, check out WR’s Chatting with Charlie: Unpacking the April Visa Bulletin on March 15, 2023 at 11 AM PST. Late February the State Department finally published the anticipated Table V to complete its 2022 Annual Report of the Visa Office. The data in Table V is key information to understand worldwide employment-based immigrant visa trends and immigrant visa usage. WR Immigration’s Chatting With Charlie Webinar will discuss the data published in more detail and what it means for Companies and their sponsored foreign national employees. Overall Employment-based immigrant visa number use equaled 97.8% of the annual limit for Fiscal Year 2022. The Fiscal Year (FY) 2022 First Preference (EB-1) and Second Preference (EB-2) Employment-based categories benefitted from overflow immigrant visa numbers. The EB-1 Worldwide initial limit was 80,511. The EB-1 Worldwide initial limit benefitted from 2,700 unused, unreserved numbers from Fifth Preference category (EB-5). This means that the Adjusted EB-1 Worldwide annual limit for FY2022 was 83,211 immigrant visas. EB-1 (initial) limit 80,511 plus 2,700 EB-5 “fall-up” (unused, unreserved numbers) equals the 83,211 “adjusted” EB-1 annual limit. Not all the EB-1 immigrant visa numbers were used. Only 54,137 EB-1 immigrant visa […]

Read More

WR Immigration News Digest

DHS to End TPS for Afghanistan On May 12, 2025, the Department of Homeland Security announced it will terminate Temporary Protected Status (TPS) for Afghanistan, with the designation ending July 14, 2025.  There is a discrepancy between the date referenced on the Federal register (July 14) and the date provided by DHS in their publications (July 12).  Clarification is being sought at this time. This follows DHS’s determination that conditions in Afghanistan no longer meet the statutory requirements for TPS, citing improved security and economic circumstances. Impact: Employees with TPS will lose work authorization as of July 14 (or possibly July 12) unless they secure another valid status. Employers are required to reverify work authorization for such employees to be permitted to work beyond the expiration of the designated TPS period. Early action is essential to prevent work authorization gaps, minimize business disruption, and ensure continued compliance. DHS Extends TPS for South Sudan The Department of Homeland Security has extended Temporary Protected Status (TPS) for South Sudan for six months, through November 3, 2025. This extension also automatically extends the validity of previously issued Employment Authorization Documents (EADs) under this designation. Employees with TPS from South Sudan remain authorized to […]

Read More