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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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Immigration Update

In this edition, find out more about the USCIS’ clarifying guidance on classifying O-1 nonimmigrants as a person of extraordinary achievement in Arts or Motion Pictures and Television, the USCIS holding a listening session on L petition adjudications, the USCIS’ plans for an e-Verify records disposal on April 1, 2022, and more. USCIS Issues Guidance on Classifying O-1 Nonimmigrants in Arts or Motion Pictures and Television U.S. Citizenship and Immigration Services (USCIS) clarified guidance on how the agency determines whether an O-1B beneficiary will be evaluated as a person of extraordinary ability in the arts or as a person of extraordinary achievement in the motion picture or television industry when a case has elements of both. USCIS explained that individuals of extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry may be eligible for O-1B classification. The updated guidance “will help officers and petitioners determine whether a beneficiary falls into the arts category or the motion picture and television category” and “will help with cases that have elements of both classifications, such as actors, directors, composers, or set designers who work in both motion pictures and television and live theater. It will also help […]

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October 2024 Visa Bulletin Released – What It Means for EB-5 Investors

By Joey Barnett and Charlie Oppenheim The Department of State has just released the October 2024 Visa Bulletin, and it shows very good news for the new Reform and Integrity Act EB-5 program and for Chinese and Indians waiting in line under the prior EB-5 program. Here is some preliminary thoughts from WR Immigration on the new October 2024 Visa Bulletin. First, it is predicting that the reserved visa categories, that is rural, high unemployment and infrastructure will remain open for most, if not all of FY2025 which starts in a few weeks on October 1, 2024, and ends September 30, 2025. Despite strong demand and the possibility of a final action date cutoff being established, applicants from China and India and all other countries will continue to be able to concurrently file adjustment of status applications under the reduced investment of $800,000 for the next few months, and possibly for most of 2025. This is a huge advantage as they get 5 year work and travel permits and those on H-1Bs are no longer tied to their employers. Second, applicants from China and India who applied under the old EB-5 program also see considerable forward movement in the waiting […]

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