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WR Immigration News Digest

Aug 8, 2025 | Immigration Updates

For audio listeners, you can listen to our audio version of the News Digest here.

TPS Termination Delayed for Honduras, Nepal and Nicaragua; Work Authorization Extended

Although DHS announced the termination of Temporary Protected Status (TPS) for Honduras (Sept. 8th), Nicaragua (Sept. 8th) and Nepal (August 5th), on July 31, 2025, a federal judge delayed the termination of Temporary Protected Status (TPS) for individuals from Honduras, Nepal, and Nicaragua until at least November 18, when a full hearing will be held. The court found that plaintiffs were likely to succeed on a Fifth Amendment claim, citing evidence of discriminatory intent. The judge also emphasized the economic impact of ending TPS, referencing a projected $1.4 billion loss to the U.S. economy and reduced contributions to tax revenue, Social Security, and Medicare, as TPS holders participate in the workforce at a significantly higher rate than the national average.

DHS has updated the USCIS website to confirm that work authorization for these TPS countries has been extended until November 18.  Key details:

  • TPS and work authorization for eligible Honduran nationals remain valid through November 18, 2025.
  • EADs are automatically extended through that date.
  • Individuals must have maintained continuous residence since December 30, 1998 and physical presence since January 5, 1999.

Impact: The ruling ensures continued work authorization for affected employees through at least mid-November, offering short-term stability. However, long-term uncertainty remains, and employers should continue to track legal developments and reassess contingency plans accordingly. 

Trump Indicates Ukrainians May Remain in U.S. for Now

President Trump signaled that Ukrainian refugees currently in the U.S. will likely be allowed to stay until the war in Ukraine ends, offering temporary reassurance to the estimated 240,000 Ukrainians who have arrived since 2022.

The remarks follow ongoing uncertainty around the future of the Uniting for Ukraine (U4U) program. While a recent executive order directed the Department of Homeland Security to terminate categorical parole programs, Trump’s latest comments suggest a pause in efforts to remove or repatriate Ukrainian nationals, at least for now.

Impact: Ukrainian employees present under U4U or other humanitarian pathways appear to have temporary protection from removal. However, the future of these programs remains politically sensitive and subject to rapid change, requiring close monitoring by mobility and legal teams.

DOS Launches 12-Month Visa Bond Pilot for Certain B-1/B-2 Applicants

Effective August 20, 2025, the Department of State will begin a 12-month visa bond pilot program requiring certain B-1/B-2 visa applicants to post bonds of $5,000, $10,000, or $15,000 as a condition of visa issuance. The pilot applies to nationals from countries with high overstay rates, deficient screening/vetting, or Citizenship by Investment (CBI) programs with no residency requirement.

Key details:

  • Covered countries will be listed on travel.state.gov at least 15 days in advance.
  • Bond payments must be submitted via Pay.Gov using Form I-352.
  • The visa will be valid for one entry within three months, with admission limited to 30 days through designated ports of entry.
  • Bonds are refundable upon timely and lawful departure; otherwise, funds are forfeited.
  • No formal waiver process exists, though limited consular discretion may apply in humanitarian or national interest cases.

Impact: Companies sponsoring short-term business visitors should monitor whether employees are affected by the bond requirement. The program may discourage travel from impacted countries, introduce cost and processing delays, and increase compliance responsibilities for mobility teams. Coordination with consular counsel and proactive planning will be essential.

ICE Issues Non-Retaliation Policy Statement

U.S. Immigration and Customs Enforcement (ICE) released a Non-Retaliation Policy Statement affirming that small businesses and others may question or raise concerns about ICE policies and actions without fear of retaliation. The agency pledged to investigate any claims of retaliation and take corrective action as needed. However, ICE clarified that filing a complaint will not delay or halt ongoing investigations or enforcement proceedings.

Impact: The policy offers reassurance to employers, especially smaller companies, that they can engage with ICE or raise compliance concerns without risk of retribution. However, enforcement activity will continue regardless of complaints, so proactive compliance remains critical.

E-Verify Updates Guidance on Haiti TPS Compliance

Following a federal court ruling, E-Verify has issued updated guidance for employers on Form I-9 and reverification procedures for employees with Temporary Protected Status (TPS) from Haiti. Although DHS had announced the termination of Haiti’s TPS designation effective September 2, 2025, a July 15 court order has delayed the effective termination date to no earlier than February 3, 2026.

Impact: Affected employees from Haiti remain work-authorized through at least early February 2026. Employers should follow the updated E-Verify and I-9 guidance to ensure proper reverification and avoid compliance issues.

SAVE Updates Guide to Verification Responses Using SSN

The SAVE (Systematic Alien Verification for Entitlements) program has released an updated guide clarifying how to interpret verification responses, especially when cases are submitted using a Social Security number (SSN). The update includes seven new response types and clearer explanations for existing messages to help users better understand initial results.

New responses include indicators such as “United States Citizen (per SSA Record),” “Deceased (per SSA Record),” or instructions to resubmit with additional information.

Impact: While primarily aimed at public benefits administrators, the updated guidance may support immigration and compliance teams who use SAVE for verification or interface with agencies that do. Clearer response categories help reduce confusion and potential delays in work authorization checks.

USCIS Now Requires New Edition of Form I-129

As of July 30, 2025, USCIS requires employers to use the January 20, 2025 edition of Form I-129, Petition for a Nonimmigrant Worker. Previous versions, including the January 17, 2025 edition, are no longer accepted.

USCIS advises that all pages must match the correct edition and display the edition date and page numbers. Forms with missing or mismatched pages may be rejected.

Impact: Ensure that internal teams and legal partners are using the updated form to avoid delays or rejections in nonimmigrant petition filings.

Related Posts:

Immigration Update

In this edition, find the latest news on filing adjustment of status applications for EB-5 investors, ICE’s announcement of the extension of I-9 flexibilities, OFLC’s announcement of a new submission process for H-2B applications, DHS’s details on the ‘Uniting for Ukraine’ process, and more.   Concurrent or Subsequent Filing of Adjustment of Status Applications for EB-5 Investors with Pending or Approved Form I-526s  The EB-5 Reform and Integrity Act of 2022 provides relief for those lawfully admitted into the U.S. to move forward with their green card, even before the Form I-526 is approved.  This is authorized for both new immigrant investors as well as immigrant investors who filed prior to June 30, 2021.     USCIS has since confirmed that an immigrant investor (and eligible derivative beneficiaries) can now file a Form I-485, Application to Adjust Status, based on a pending or approved Form I-526.  Although the Form I-485 instructions have not yet been updated, we have received credible reports of USCIS issuing Form I-485 receipt notices for immigrant investors with pending Form I-526s.    This is particularly beneficial for those currently in the U.S. who are running out of time on F-1, OPT, H-1B, E-2, L-1, and other nonimmigrant visas.  It also […]

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President Biden Revokes Trump-Era Ban on Entry of Many Immigrants; State Dept. Instructs Exceptions to Nonimmigrant Ban

On February 24, 2021, President Biden revoked former President Trump’s proclamation issued in April 2020 that banned many immigrants from entering the United States. Biden Proclamation Revoking Immigrant Ban President Biden’s proclamation states that the Trump-era ban, whose stated purpose was to prevent entry by those who presented a risk to the U.S. labor market during the coronavirus outbreak, does not advance the interests of the United States. “To the contrary, it harms the United States” and “harms industries in the United States that utilize talent from around the world,” the new proclamation states. It also “harms individuals who were selected to receive the opportunity to apply for, and those who have likewise received” fiscal year 2020 diversity visas. The Biden proclamation orders the Departments of State, Labor, and Homeland Security to review any related regulations, orders, guidance, policies, or other agency actions and, as appropriate, issue revised guidance consistent with the new proclamation. DOS Instructions on Exceptions to Nonimmigrant Ban The new Biden proclamation did not lift a Trump-era ban on certain H-1B, H-2B, L-1, and J-1 temporary work visas, set to expire on March 31, 2021. It is unclear whether the Biden administration plans to revoke that ban […]

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