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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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President Trump Extends Presidential Proclamation 10052 Impacting Immigrant and Non-immigrants

Overview On June 22, 2020, Presidential Proclamation 10052 entitled “Suspension of entry of Immigrants and Nonimmigrants Who Present a Risk to the United States labor Market During Economic Recovery Following the 2019 Coronavirus Outbreak” was issued to suspend new nonimmigrant visas, purportedly in response to the COVID-19 pandemic. The impacted visa categories are: (1) intra-company transfers to non-citizens already employed by American businesses (L-1A and L-1B); (2) highly-skilled workers coming to America temporarily to perform services in a specialty occupation for which they are uniquely qualified (H-1B); (3) seasonal laborers responding to proven domestic labor shortages (H-2B); and (4) certain cultural exchange (interns, trainees, teachers, camp counselors, au pairs, and summer work travel programs participants) (J). On December 31, 2020, PP 10052 has been extended to March 31, 2021. For more information about this Presidential Proclamation, please read our FAQ. Who is impacted? Foreign nationals outside of the United States who have expired H-1B/H-4, L-1/L-2, or J-1/J-2 (only impacted programs) visa stamps, are barred and will need to wait until AFTER the validity of this travel ban proclamation to return to the U.S. Foreign nationals inside the United States with expired H-1B/H-4, L-1/L-2, or J-1/J-2 (only impacted programs) visa stamps, should NOT travel internationally for […]

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Expanded Screening and Vetting for Visa Applicants

The U.S. government has expanded social media screening in visa processing. As of June 18, 2025, the State Department now requires F-1, M-1, and J-1 visa applicants to set their social media profiles to “public.” This builds on policies introduced under the first Trump administration. In 2017, the Department of Homeland Security began storing social media identifiers in immigration files. In 2019, the DS-160 form was updated to collect applicants’ social media handles from the past five years. Until now, enforcement was inconsistent and did not require public access. The new policy marks a shift. Consular officers are now expected to review social media accounts for signs of fraud, terrorism, antisemitism, or hostility toward the U.S. Applicants with past visa issues, such as SEVIS terminations or protest participation, will face mandatory social media vetting. Officers must also document findings with screenshots and notes. According to NAFSA, consulates paused student visa scheduling in late May 2025 until formal instructions were issued. Interviews have since resumed, though processing times may increase due to the added review requirements. What applicants should know: Advocacy organizations like NAFSA and the Knight First Amendment Institute have raised concerns that these policies may suppress lawful expression. However, […]

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