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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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Immigration Update

In this edition, find the latest news on filing adjustment of status applications for EB-5 investors, ICE’s announcement of the extension of I-9 flexibilities, OFLC’s announcement of a new submission process for H-2B applications, DHS’s details on the ‘Uniting for Ukraine’ process, and more.   Concurrent or Subsequent Filing of Adjustment of Status Applications for EB-5 Investors with Pending or Approved Form I-526s  The EB-5 Reform and Integrity Act of 2022 provides relief for those lawfully admitted into the U.S. to move forward with their green card, even before the Form I-526 is approved.  This is authorized for both new immigrant investors as well as immigrant investors who filed prior to June 30, 2021.     USCIS has since confirmed that an immigrant investor (and eligible derivative beneficiaries) can now file a Form I-485, Application to Adjust Status, based on a pending or approved Form I-526.  Although the Form I-485 instructions have not yet been updated, we have received credible reports of USCIS issuing Form I-485 receipt notices for immigrant investors with pending Form I-526s.    This is particularly beneficial for those currently in the U.S. who are running out of time on F-1, OPT, H-1B, E-2, L-1, and other nonimmigrant visas.  It also […]

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H-1B Cap Travel FAQ for F-1 Students

By Kimberley Best Robidoux Q: When is the H-1B cap registration period? A: It is expected to be the first two weeks of March 2024 but as of January 24, 2024 the specific dates have not yet been announced by USCIS. Q: If I am maintaining F-1 status, can I travel while my H-1B cap registration is pending?A: Typically, international travel does not affect the H-1B cap registration process and the H-1B cap registration does not affect international travel. However, you must make sure that you are permitted to travel pursuant to your current F-1 status and have the information and documentation necessary to reenter the U.S. Q: If the H-1B registration is selected in the lottery and an H-1B petition is then filed with USCIS, can I travel abroad while my H-1B cap petition is pending with USCIS?A: That depends.  Q: If I am in F-1 status with a valid OPT or STEM OPT extension, what documents should I carry if I travel internationally prior to October 1st after my H-1B petition has been approved?  A: The F-1 student must have (1) passport valid for at least 6 months beyond the intended period of stay in the U.S.; valid […]

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