WR Immigration News Digest

May 8, 2025 | Immigration Updates

“One-Strike” Policy Increases Risk for Visa Holders

The State Department has announced a new “one-strike” immigration policy: any legal violation by a temporary visa holder (including H-1B, F-1, and B-1/B-2) may now result in immediate visa revocation. This shift expands enforcement beyond serious criminal cases to include any breach of law.

Impact: Global mobility teams should prepare for heightened scrutiny, increased RFEs, and potential disruptions to work authorization. Proactive employee communication and close coordination with counsel are critical.

DHS Announces Voluntary Departure “Stipend”

The Department of Homeland Security has introduced a $1,000 incentive for individuals who voluntarily depart the U.S., a move that the American Immigration Lawyers Association (AILA) warns is misleading and legally risky. The policy may give the false impression that self-deportation carries no long-term consequences, when in reality it could result in future bars to reentry and other immigration penalties.

Impact: Employers should ensure foreign nationals seek legal counsel before considering voluntary departure, as this policy may lead to long-term immigration consequences and reentry bars. Clear communication is key to preventing misinformed decisions.

TPS for South Sudan Automatically Extended Through November 3, 2025

The Temporary Protected Status (TPS) designation for South Sudan, originally set to expire on May 3, 2025, has been automatically extended through November 3, 2025. This extension was triggered by the Department of Homeland Security’s inability to complete a timely review of current country conditions by the March 4 deadline.

Impact: South Sudanese nationals with TPS may continue to live and work in the U.S. through November 3, 2025. Employers should confirm continued work authorization and stay alert for further DHS updates.

Romania Removed from the U.S. Visa Waiver Program

The Department of Homeland Security, in consultation with the State Department, has rescinded Romania’s designation under the Visa Waiver Program (VWP), effective immediately. While Romania was initially designated for VWP participation on January 9, 2025, the decision was paused in March and ultimately reversed due to ongoing security concerns and the administration’s focus on safeguarding immigration and border protocols.

Impact: Romanian nationals are no longer eligible to travel to the U.S. under the VWP and must now apply for a B-1/B-2 visa for business or tourism travel. Global mobility teams should review any upcoming U.S. travel plans involving Romanian citizen employees or business partners and adjust visa planning accordingly.

EAD Revocations Trigger E-Verify Alerts and Reverification Requirements

E-Verify has issued alerts indicating that one or more employees may have had their Employment Authorization Documents (EADs) revoked by the Department of Homeland Security. DHS recently terminated parole for certain individuals and revoked associated EADs, though the physical cards may still appear valid.  The termination of Cuban Haitian Nicaraguan and Venezuelan (CHNV) is currently being litigated in the courts and thus it is possible that E-Verify alert of EAD revocation based on CHNV parole may be erroneous. Consultation with counsel is essential.

Impact: Employers must reverify affected employees using Form I-9, Supplement B. Do not request specific documents or create new E-Verify cases. Ensure compliance with anti-discrimination rules during the process.

New DS-160 Submission Rule Adds 48-Hour Buffer Before Visa Interviews

The U.S. Department of State now requires that the DS-160 (Online Nonimmigrant Visa Application) be submitted at least 48 working hours before a visa interview can be scheduled at a U.S. embassy or consulate. This change affects the timing of interview bookings and requires applicants to plan ahead. Importantly, if an applicant resubmits a DS-160 to correct an error after scheduling an appointment, they must update their appointment profile with the new DS-160 confirmation number, simply showing up with a new form will not be accepted.  This will likely result in having to reschedule an appointment if the update of the DS-160 is needed after the appointment has already been scheduled.

Impact: Employees applying for U.S. visas must factor in this additional 48-hour window when preparing their DS-160 and scheduling interviews, as well as determination possible reschedule requirement if the DS-160 information needs to be updated due to changes after initial submission. Global mobility teams should advise impacted travelers to submit applications earlier than before to avoid delays in securing visa appointments.

SEVIS Record Reactivations Leave Status Gaps for F-1 Students

DHS reinstated many SEVIS records on April 25, 2025, but not retroactively, leaving status gaps that may count as unlawful presence. ICE guidance confirms that terminated SEVIS records can indicate a loss of F or M status, and DOS may revoke visas based on related information. Further litigation is expected.

Impact: Students may face visa risks and travel restrictions due to unresolved status gaps. Mobility teams and advisors should consult counsel and caution affected individuals against travel until status is fully clarified.

Trump Administration Asks Supreme Court to End TPS for Venezuelans

The Trump administration has filed an emergency request with the U.S. Supreme Court seeking to end Temporary Protected Status (TPS) for Venezuelan nationals. This follows a lower court’s decision to pause termination plans while legal challenges proceed. Justice Elena Kagan has ordered a response from plaintiffs by May 8, 2025.

Impact: Venezuelan TPS holders face renewed uncertainty as the case progresses. Employers and mobility teams should monitor for updates and prepare contingency plans for impacted employees.

“Gold Card” Citizenship Proposal Faces Congressional Pushback

The Trump administration’s proposed “Gold Card” program, offering U.S. citizenship for $5 million, is facing resistance in Congress, despite claims from officials that it has already generated billions in revenue. Reports indicate the program has not been formally launched, and an attempt to codify it during budget negotiations was rejected by conservatives opposed to expanding visa pathways.

Impact: Despite public claims, the “Gold Card” program is not currently operational. Global mobility and legal teams should treat related inquiries with caution and await formal regulatory or legislative developments.

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March 2022 Visa Bulletin Update

The Department of State has issued its March 2022 Visa Bulletin.  This month’s bulletin includes more advancement in final action dates for India in the EB-2 preference category, which will advance by 4 months to May 1, 2013.  Final action dates for India EB-3 and China EB-2 and EB-3 professionals and skilled workers will remain the same as in February.  All other countries under EB-2 and EB-3 will remain current, and EB-1 also remains current for all countries including India and China.  EB-5 remains current for all countries, but Regional Center cases are awaiting reauthorization. If reauthorized in March, the EB-5 Regional Center cut-off date will be November 22, 2015.  DOS also indicates that Non-Regional Center cases may see cutoff dates imposed for China as early as April 2022. Relatedly, if there is sufficient demand in EB-5 cases, DOS also indicates that there may be retrogression as early as April 2022 for India in the EB-2 preference category, which would have utilized any otherwise unused EB-5 numbers. USCIS has indicated that it will continue to require the use of the dates for filing chart in March, and the dates for filing in March remain unchanged from the previous month for […]

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Immigration Update

In the news this issue you’ll read about the refugee cap being raised, withdrawal of a Trump administration proposed rule regarding biometrics use, and relief for asylum applicants waiting for work authorization. President Biden Raises Refugee Cap to 62,500 in FY 2021 President Joe Biden revised the United States’ annual refugee admissions cap to 62,500 for fiscal year (FY) 2021, with a goal of 125,000 admissions for FY 2022. The announcement followed criticism after he announced plans to keep the number of refugee admissions at 15,000 this fiscal year primarily because of logistical concerns. President Biden said that the “sad truth is that we will not achieve 62,500 admissions this year. We are working quickly to undo the damage of the last four years.” He said that “we are going to rebuild what has been broken and push hard to complete the rigorous screening process for those refugees already in the pipeline for admission.” Details: “Statement by President Joe Biden on Refugee Admissions,” White House, May 3, 2021, https://www.whitehouse.gov/briefing-room/statements-releases/2021/05/03/statement-by-president-joe-biden-on-refugee-admissions/ DHS Will Withdraw Proposed Rule on Expanding Biometrics Collection Use Coming out today, the Department of Homeland Security (DHS) plans to withdraw a proposed rule concerning the use and collection of biometrics […]

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