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WR Immigration News Digest

Apr 30, 2025 | Immigration Updates

DHS Temporarily Restores SEVIS Records Amid Legal Pressure

Following widespread legal challenges and emergency court orders, DHS has reversed course and restored many international students’ SEVIS records as of April 25, 2025. The abrupt initial revocations, executed without notice, left students in limbo and disrupted internship plans, job offers, and immigration statuses. While the reinstatement brings temporary relief, DHS has just issued a new policy and is updating the Foreign Affairs Manual with changes to the visa revocation determination process.

The agency clarified that visa revocations themselves remain in effect, and SEVIS access has only been restored for individuals whose visas were not officially canceled. For now, ICE has committed not to terminate records solely based on National Crime Information Center (NCIC) findings, the basis of the initial terminations.

Impact: Employers should be prepared for ongoing uncertainty, particularly for early-career hires relying on F-1 or J-1 status, and assess contingency plans as policy changes unfold.

SEVP Clarifies SEVIS Termination and Visa Revocation Criteria

The Student and Exchange Visitor Program (SEVP) has reiterated its authority to terminate SEVIS records for both routine administrative reasons and status violations, including excessive unemployment on OPT, failure to maintain status, or visa revocations based on derogatory information. Terminations may be initiated by either DSOs or SEVP and can, in some cases, lead to removal proceedings.

Impact: Employers should proactively monitor F-1 employees on OPT/STEM OPT and consult counsel if SEVIS issues arise, as terminations may disrupt work authorization or trigger compliance risks.

H-2B Cap Filled for Early Second Half FY25

USCIS announced that the cap has been reached for the additional 19,000 H-2B visas allocated to returning workers with start dates between April 1 and May 14, 2025. The final receipt date for petitions was April 18, 2025, under the temporary final rule.

Impact: Organizations relying on H-2B talent should anticipate delays or shortages and consider alternative workforce strategies for seasonal roles this spring.

USCIS RFEs Seek Home Addresses in H-1B and I-140 Cases

USCIS has begun issuing Requests for Evidence (RFEs) in certain H-1B and I-140 petitions asking for beneficiaries’ home addresses to collect biometric data, an uncommon step for these case types. The RFEs cite “potentially adverse information” but do not clarify the basis, raising concerns about transparency and compliance.

Impact: Employers should consult counsel before responding, as providing home address information may not be appropriate without further clarification from USCIS.  Counsel should also be contacted prior to the foreign national employee attending a biometrics appointment associated with the H-1B petition or I-140 petition.

DHS Launches Major Update to SAVE Immigration Database

On April 22, 2025, DHS Secretary Kristi Noem announced a major overhaul of the Systematic Alien Verification for Entitlements (SAVE) program. The update will eliminate search fees, improve data accuracy, streamline status checks, and integrate immigration and criminal records into a more user-friendly system.

Impact: While primarily affecting government agencies, updates to SAVE may influence how immigration status is verified for public benefits and I-9 compliance workflows; more details are expected as the rollout continues.

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‘Dreamers’ and Farmworker Bills Pass House; Fate in Senate Uncertain

On March 18, 2021, two bills that would create a legalization pathway for “Dreamers” and for farmworkers (H-2A temporary agricultural workers) received bipartisan support and passed in the House of Representatives. Passage in the Senate is uncertain, however. According to observers, prospects for both bills in their current form seem dim. Some believe that the agricultural worker bill has a better chance of passage intact. The “Dreamer” bill could pass in at least a scaled-down version. Efforts are being made to persuade a sufficient number of Senate Republicans to vote in favor of the bills, although there has been a hardening of Republicans’ strategy against passing any immigration-related legislation in the Senate while they spotlight difficult conditions at the U.S. border with Mexico and blame President Biden and the Democrats. As Sen. Lindsey Graham has stated, “There is no pathway for anything right now.” In addition to working toward Senate passage, Democrats are considering various other options, including breaking the legislation into smaller pieces that might have an easier chance of passage, tacking immigration measures onto other legislation that has attracted more bipartisan support, or killing the filibuster so only a simple majority would be needed for passage rather than […]

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Corporate & Counsel Interlude: Employer Impact Statement on Parole and DACA/Dreamer Executive Order

By Ceri Koski and Charina Garcia What does this week’s “Keeping Families Together” initiative mean for corporate immigration? In the light of the White House’s June 18th announcement to provide work visas and a green card pathway for long-term residents of the U.S., this week’s newsletter will cover these two initiatives’ impact on corporate immigration programs.    Because we expect this development to have widespread impact, I welcome Charina Garcia’s shared insight to explained this program.  Charina Garcia is WR Immigration’s Strategy and Innovation Partner.  She hosts Chatting with Charlie monthly to deconstruct and explain Visa Bulletin Developments and hosts a Podcast called “Beyond Immigration Law.”  Since 1997, Charina has served employers across industries, always developing programs to improve stakeholder experiences.    Green Card Pathway  The Parole-In-Place program is grounded in the Executive Branche’s authority to exercise favorable discretion and grant Humanitarian Parole.  If approved, the government would effectively process the applicant as inspected and paroled into the United States so that the applicant is eligible for immigration benefits.     The Parole-in-Place green card pathway program applies only to individuals who:  Beneficiaries of this program would be granted a one-time parole period of three years and eligible for work authorization for up to […]

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