• CHNV Parole Litigation Update
• Temporary Restraining Order Issued in F-1 SEVIS Termination Case
• DOL Seeks Feedback on New H-2B Attestation Form
• May Visa Bulletin: EB-5 Final Action Date Retrogression for India
• REAL ID Requirement Takes Effect May 7 for U.S. Travelers
• Changes to Social Security Number Process
• USCIS Issuing Requests for Evidence on Employment-Based Cases to Collect Biometrics

CHNV Parole Litigation Update

On April 14, 2025, a U.S. District Court in Massachusetts issued a preliminary injunction temporarily blocking parts of the federal government’s plan to terminate the CHNV parole program for individuals from Cuba, Haiti, Nicaragua, and Venezuela. In response, USCIS announced on April 17 that previously issued termination notices are now paused and unenforceable. Additionally, no new CHNV parole applications will be accepted or processed until further notice.  On April 18 the Department of Justice appealed the ruling to the First Circuit and then on April 21 it filed an emergency motion to stay the district court’s ruling pending appeal. The termination of CHNV paroles will not take effect on April 24, 2025 unless the district court’s order is stayed or overturned.

Impact: This stay provides temporary relief for CHNV parole holders, allowing continued work authorization. Stay coordinated with counsel and prepare for potential changes pending final court decisions.

Temporary Restraining Order Issued in F-1 SEVIS Termination Case

On April 18, 2025, a federal judge in Georgia granted a temporary restraining order in a case involving the termination of SEVIS records for over 130 F-1 students. The order requires the government to reinstate the students’ F-1 status and SEVIS authorization retroactively to March 31, 2025.

A preliminary injunction hearing is set for April 24. Similar cases are pending in multiple states, signaling broader legal challenges related to student visa compliance.

Impact: If your organization sponsors or supports F-1 students, monitor this litigation closely. The ruling may impact student work authorization and training programs (e.g., OPT/CPT/STEM OPT), making it important to stay aligned with legal counsel on next steps.

DOL Seeks Feedback on New H-2B Attestation Form

The Department of Labor is requesting public comments on a proposed attestation form for employers hiring H-2B nonimmigrant workers. Feedback is sought on the necessity, clarity, and burden of the information collection, as well as suggestions for improving efficiency through technology.

Comments are due by May 19, 2025.

Impact: If your organization employs H-2B workers, this is a key opportunity to provide input on proposed changes that could affect future hiring and compliance processes. Consider coordinating with legal counsel or internal stakeholders to evaluate whether to submit feedback.

May Visa Bulletin: EB-5 Final Action Date Retrogression for India

The May 2025 Visa Bulletin reflects a significant retrogression in the final action date for India under the EB-5 unreserved visa categories, now set at May 1, 2019. The change is due to high demand from India and increased usage globally, aimed at keeping visa allocations within the FY 2025 limits.

The Department of State also warns that similar action may be required for other countries if demand continues to rise.

Impact: If your company sponsors EB-5 candidates from India, prepare for possible delays in green card processing. Communicate timelines clearly with impacted individuals and consult immigration counsel on alternative strategies or interim options.

REAL ID Requirement Takes Effect May 7 for U.S. Travelers

The Department of State has issued a reminder that, starting May 7, 2025, all U.S. travelers must present REAL ID-compliant identification to board domestic flights and enter certain federal facilities. Acceptable alternatives include a valid passport book, passport card, or Enhanced Driver’s License (EDL) from select states (WA, MI, MN, NY, VT).

REAL ID-compliant licenses feature a star marking, though most EDLs do not and that is acceptable under DHS guidelines.

Impact: Ensure traveling employees, especially those on domestic assignments or visiting federal sites have compliant identification. Consider sending reminders to impacted employees to avoid disruptions to travel or facility access.

Changes to Social Security Number Process

In some locations the offices of the Social Security Administration are no longer processing immigration cases automatically.  This means that foreign national individuals that are eligible for a Social Security number for the first time are now required to schedule an appointment with the nearest Social Security office in order to apply for their Social Security number.  This also impacts foreign nationals that change status to U.S. permanent residents or who become U.S. citizens.  Such individuals will also be required to schedule an in-person appointment with a Social Security office in order to update their status.  This is a policy change that has not yet been announced by the Federal government and is believed to be a result of the April 15, 2025 Presidential Memo on Preventing Undocumented Individuals from Obtaining Social Security Act Benefits.

Impact: For organizations this may have an impact on payroll processes, as well as the creation of E-Verify cases for employers that are enrolled in E-Verify.

USCIS Issuing Requests for Evidence on Employment-Based Cases to Collect Biometrics

There has been a recent trend with USCIS issuing Requests for Evidence (RFE) on employment-based cases such as Form I-129 Nonimmigrant Worker Petitions (i.e. H-1B, TN, O-1), L-1 and Form I-140 Immigrant Worker Petitions.  The RFE states that USCIS has “encountered potentially adverse information related to the beneficiary” and requires that the petitioner provide an updated address for the foreign national beneficiary or state that a notice will be sent to the beneficiary to attend a biometrics appointment.

It is unclear at this time what USCIS intends to do with the biometrics information that it is requesting to collect.  This could be an exercise similar to the data mining and visa revocation issues that have recently been seen with individuals that hold F-1 status.  Such adverse information has related to social media postings as well as prior incidents with law enforcement.  Any such RFE should be addressed with counsel to determine next steps as it is possible that the beneficiary could be detained by Immigration and Customs Enforcement at the biometrics appointment.

Impact: If your company sponsors foreign national employees for nonimmigrant work authorization such as H-1B, TN, L-1, etc. and/or for permanent resident status, it is possible that some individuals may be impacted by this new trend.  We recommend that employers create a process with counsel to address such situations when they occur.