U.S. Immigration Alerts

FGI FIVE: U.S. Immigration News Summary – Week of July 28, 2025

DOS to eliminate Dropbox renewal option for H, L, F, M, and J visas

• Effective September 2, 2025, the Department of State (DOS) will update the categories of applicants that may be eligible for a waiver of the nonimmigrant visa interview.
• All nonimmigrant visa applicants, including applicants under the age of 14 and over the age of 79, will generally require an in-person interview.
• Exceptions to the in-person interview requirement will now be limited to: 
  • Applicants classifiable under the visa symbols A-1, A-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1;
  • Applicants for diplomatic- or official-type visas; and
  • Applicants renewing a full validity B-1, B-2, B1/B2 visa or a Border Crossing Card/Foil (for Mexican nationals) within 12 months of the prior visa’s expiration, and who were at least 18 years old at the time of the prior visa’s issuance.
• To be eligible for an interview waiver for applicants renewing a full validity B-1, B-2, B1/B2 visa or a Border Crossing Card/Foil for Mexican nationals), applicants must also meet certain criteria, including that they:
  • apply in their country of nationality or residence;
  • have never been refused a visa (unless such refusal was overcome or waived); and
  • have no apparent or potential ineligibility.

SOURCE: Department of State: travel.state.gov/content/travel/en/News/visas-news/interview-waiver-update-july-25-2025.html

DOS updates visa reciprocity schedules and reduces nonimmigrant visas’ validity period

• The Department of State (DOS) has updated the visa reciprocity schedules for more than 50 countries, reducing the validity period for nonimmigrant visas. 
• Some of the countries affected include China (O visas only = 3 months/1 entry), Afghanistan, Cuba, Iran, Syria, Venezuela, and Yemen, as well as over twenty countries in Africa. 
• Foreign nationals from affected countries will now be issued visas only for a period of three months and for a single entry. 
• The affected visa categories include B (tourist), F (student), H (specialty occupation temporary worker), J (exchange visitor), M (student), and O (extraordinary ability). Previously, nonimmigrant visa validity periods may have been 12 months or longer and for multiple entries.
• Foreign nationals with multiple citizenships are subject to the corresponding reciprocity schedule of the country that issued the passport used for the visa application. 
• Visas issued before the change in reciprocity should not be affected and should retain their original validity. 

SOURCE: Department of State: travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html/

Federal Appeals Court blocks Trump Administration’s attempt to restrict birthright citizenship

• A federal appeals court ruled on Wednesday that President Trump’s executive order restricting birthright citizenship violated the Constitution, affirming a district court judge’s nationwide injunction and bringing the issue one step closer to a full constitutional review by the Supreme Court.
• The 9th Circuit decision keeps a block on the Trump administration enforcing the order that would deny citizenship to children born to people who are in the United States illegally or temporarily.
• In a 48-page opinion, two of the three judges on the panel for the U.S. Court of Appeals for the Ninth Circuit found that Mr. Trump’s executive order “contradicts the plain language of the 14th Amendment’s grant of citizenship to ‘all persons born in the United States and subject to the jurisdiction thereof.’”
• The ruling appears to be the first time that an appellate court has ruled on birthright citizenship after a Supreme Court decision limiting the scope of injunctions sent lawyers scrambling to recast their claims in light of its new standard.

SOURCE: New York Times, July 23, 2025: www.nytimes.com/2025/07/23/us/politics/appeals-court-birthright-citizenship.html?unlocked_article_code=1.Y08.cxb6.TwNE5deH97Nw&smid=url-share

DHS: Proposed alterations to H-1B cap selection to be reviewed by OMB

• The Department of Homeland Security (DHS) is seeking federal clearance to move forward with a regulatory proposal title Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions.
• The rule would introduce a weighted system for H-1B cap selections. While specifics remain under wraps, the rule is expected to prioritize certain applicants—such as those with higher offered wages or advanced qualifications—over others, potentially shifting the current cap allocation mechanism.
• DJS has advanced this proposed regulation to the Office of Management and Budget (OMB) to initiate the federal rulemaking process.
• The rule may incorporate factors such as the wage level offered to determine which registrants and employers will receive H-1B cap numbers. If implemented, this approach could significantly alter—or potentially replace—the current randomized lottery system used during the annual H-1B cap selection process.
• After OMB review, the proposed rule will be published in the Federal Register and opened for public comment. The regulation will not be enacted until it completes the full federal rulemaking cycle, a process that typically requires several months.
• Also unknown is how the proposal, once finalized, would interface with the 2024 USCIS final rule titled Improving the H-1B Registration Selection Process and Program Integrity, effective March 4, 2024, that established a “beneficiary-centric” selection process for H-1B cap registrations under which registrations are selected by unique beneficiary rather than by registration.
• A similar effort was finalized during the closing days of the Trump Administration, when DHS issued a rule designed to substitute the computerized lottery with a wage-based allocation system. That regulation was delayed shortly after the start of the Biden Administration and ultimately nullified by a federal court before any portion could be implemented.

SOURCE: “USCIS Proposal on Weighted Selection of H-1B Cap-Subject Registrants and Petitioners,” NAFSA, July 18, 2025: www.nafsa.org/regulatory-information/uscis-proposal-weighted-selection-h-1b-cap-subject-registrants-and

USCIS updates fees based on the ‘Big Beautiful Bill’ Act (H.R. 1)

• U.S. Citizenship and Immigration Services is publishing a Federal Register Notice (FRN) based on the H.R 1 Reconciliation Bill (H.R. 1). Applicants must submit the new fees with benefit requests postmarked on or after July 22, 2025. USCIS will reject any form postmarked on or after Aug. 21, 2025, without the proper fees.  

• H.R. 1 established specific fees for various immigration-related forms, benefits, statuses, petitions, applications, and requests administered by multiple government agencies. 
• USCIS will deposit and retain a portion of the revenue from some of these fees in the Immigration Examinations Fee Account (IEFA). The remaining revenue will be deposited with the general fund of the Treasury. 
• The FRN explains when the new fees take effect, instructions on their payment, when and if the fees may be waved, and consequences of the failure to pay. DHS must increase the fees each year based on inflation.  
• The fees that are relevant for employment-based immigration are:

• • A new fee for aliens who file Form I-765, Application for Employment Authorization, for asylum, parolee, and Temporary Protected Status (TPS) categories. The categories are (a)(4), (a)(12), (c)(8), (c)(11), (c)(19), and (c)(34). The fees are:  
  • For initial EAD applications, $550;
  • For renewal or extension EAD applications, $275;
  • A ‘Visa Integrity Fee’ of $250 to support increased immigration enforcement activities. This fee will be charged to individuals applying for a nonimmigrant visa at the time of visa issuance. The legislation includes provisions that allow the DHS Secretary to raise the fee as needed and increase the fee based on inflation. There is not a set date on which the fee will be enacted.

• H.R. 1 also changed validity periods for some EAD categories. For alien parolees, initial employment authorization is valid for a period of no more than one year or for the duration of the alien’s parole, whichever is shorter.
• The FRN does not cover all the new fees required by H.R. 1. DHS will announce implementation of fees not covered in this FRN in a future action.

SOURCE: USCIS, July 18, 2025: www.uscis.gov/newsroom/alerts/uscis-updates-fees-based-on-hr-1; and ABIL Newsletter, July 27, 2025. 

E-Verify allows employees to opt out of E-Verify+

• E-Verify recently announced a new feature allowing employees to opt out of the E-Verify+ process and complete a traditional Form I-9 and E-Verify case instead. 
• E-Verify said that once the employee selects “Opt Out” in E-Verify+ and successfully completes the opt-out process, the employee’s E-Verify+ case status will change to “Case Closed Opt Out” and the case will automatically close. 
• The employee will be directed to contact their employer to complete Section 1 in Form I-9 and provide acceptable documentation showing their identity and work authorization.
• E-Verify noted that if an employee opts out of E-Verify+, “they still must complete Section 1 and provide documentation no later than their first day of employment, and the employer must create an E-Verify case within three business days.” The updated case status will appear on the employer’s E-Verify dashboard under “Recently Auto-Closed Cases.”
• E-Verify+ is a service of E-Verify that streamlines verification by combining the Form I-9 and E-Verify processes into one digital process.

SOURCE: www.e-verify.gov/about-e-verify/whats-new/e-verify-expands-verification-options-for-employees

OFLC Announces Changes in Email Addresses for National Processing Centers

• The Department of Labor’s Office of Foreign Labor Certification is changing the mailing address for all its programs to: Office of Foreign Labor Certification, 200 Constitution Avenue, NW, Room N-5311, Washington, DC 20210. 
• As a follow-up to this process, on July 25, 2025, OFLC announced a change to the naming conventions for all email addresses currently used for help desks. 
• The new email addresses will be rolled out online and in letter and email templates over the coming months, OFLC said. 
• To ensure minimum disruption, the old addresses will remain valid and usable during this transition. 

SOURCE: Department of Labor: agencies/eta/www.dol.gov/agencies/eta/foreign-labor

USCIS publishes updates to immigration fee schedule (Form G-1055)

• U.S. Citizenship and Immigration Services (USCIS) has published a new edition of Form G-1055, Fee Schedule that updates filing and additional fees for various immigration-related forms.
• The G-1055 fee schedule should be used to verify fee information for immigration forms. The complete version of the 57-page fee schedule can be viewed here.
• Forms with updated filing fees include the series of forms from the Executive Office of Immigration Review (EOIR) and applications for Temporary Protected Status and Suspension of Deportation.
• Forms updated with additional fees include but are not limited to:

• • Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records
  • Form I-485, Application to Register Permanent Residence or Adjust Status
  • Form I-765, Application for Employment Authorization

• In a recent news release, USCIS announced these fees will apply to certain immigration benefit requests postmarked on or after July 22, 2025, and that forms submitted without the correct fees after August 21, 2025, will be rejected.
• USCIS also notes that “certain filers may qualify for a fee waiver for certain forms. To determine your eligibility for a fee waiver, please review Form I-912, Request for Fee Waiver.”

SOURCE: www.uscis.gov/g-1055

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.