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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.

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Corporate & Counsel:

The State of Global Mobility in 2025 – H-1B’s in a New Era By Ceridwen “Ceri” Koski Disclaimer: These are individual comments/points of view from experts in the field based on their professional experiences which do not necessarily reflect companies’ official stands on certain topics or matters. This newsletter series delves into the challenges and innovations shaping global mobility and immigration program management. My goal is to learn directly from in-house legal teams and immigration managers about how to better serve their programs. By fostering stronger partnerships, we can improve the immigration experience for employees, businesses, and stakeholders alike. From time to time I also interview seasoned experts. Global mobility is undergoing a seismic shift in response to changing policy. Restrictive government measures have caused employers to take a cautious approach. Employers are cautiously navigating government restrictions while balancing office returns with employees’ desire for flexibility. Companies leverage technologies to retain top performers globally while exercising cost containment. Amid this evolution, in-house teams, working closely with outside immigration counsel, play a pivotal role in balancing compliance with business objectives—ensuring programs run smoothly while supporting strategic workforce initiatives. In this issue and on opening day of H-1B Lottery Registration, I am […]

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Immigration Update

In this edition, find the latest news on a Second H-1B Lottery, the Visa Bulletin, STEM Degrees added to Program List, and much more! Second H-1B Lottery Selection Just Announced On July 30, 2024, USCIS announced that it will conduct a second round of the H-1B cap lottery.   After initial selection in March, USCIS recently determined that it would need to select additional registrations for unique beneficiaries to reach the FY2025 regular cap numerical allocation. Master’s cap but the regular cap has not.  The second random selection will include registrations submitted in March 2024.  While USCIS is including those registrations that indicated eligibility for both the master’s cap and the regular cap, selected registrations will be counted under the regular cap. Once the lottery selection is completed, USCIS will make an announcement. Impact:  Employers should expect the random selection to be conducted soon by USCIS.  USCIS will notify petitioners and their attorneys of selections and status may be checked using USCIS online accounts.  If selected, petitioners will have 90 days to file the H-1B petition.  The first day of H-1B cap eligibility is October 1st.  Back to Top Visa Bulletin: No Further Retrogression in EB-3 Category for August The Department of […]

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