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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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WR Immigration News Digest

Federal Workforce Buyouts and Immigration Impact The Trump administration has launched a “deferred resignation” program, allowing federal employees to resign by Thursday, February 6, while receiving pay and benefits until later this year. This is part of broader efforts to reshape the federal workforce, alongside a return-to-office mandate, a hiring freeze, and the closure of diversity offices. Key points for HR professionals managing global mobility: Impact: While the full impact remains uncertain, employers should prepare for possible slowdowns in visa issuance and PERM adjudications if affected agency staff resign. We will continue monitoring the situation and provide updates as more details emerge. Executive Order on Immigration Enforcement On January 20, 2025, President Trump issued an Executive Order revoking Biden-era immigration policies and intensifying enforcement. Key measures include increased removal efforts, expanded detention facilities, heightened worksite enforcement, and more immigration officers. The order also withholds federal funds from “sanctuary” jurisdictions and prioritizes prosecution for unauthorized presence. Impact: In-house immigration and mobility teams should prepare for stricter compliance checks, increased audits, and potential disruptions to foreign national employees. Employers should stay informed on agency guidance and adjust immigration strategies accordingly. Birthright Citizenship Policy Change The Executive Order seeks to end birthright citizenship, […]

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Immigration Update

In this edition, find the latest news on H-2B Cap, Visa Final Action Dates, H-1B Registration, and much more! USCIS Reaches H-2B Cap for Second Half of FY 2024, Announces Filing Dates for Supplemental Visas U.S. Citizenship and Immigration Services (USCIS) announced on March 8, 2024, that it has received enough petitions to meet the H-2B cap for the second half of fiscal year (FY) 2024, which ends September 30, 2024. USCIS also announced the filing dates for supplemental H-2B visas for the remainder of FY 2024 made available under the FY 2024 H-2B supplemental visa temporary final rule. March 7, 2024, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1, 2024, and before October 1, 2024. USCIS said it is rejecting new cap-subject H-2B petitions received after March 7, 2024, that request an employment start date within that range. USCIS said it continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for: Below are the filing start dates for each of the remaining supplemental visa allocations under the rule: USCIS said it will stop accepting petitions under the temporary final […]

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