U.S. Immigration Alerts

U.S. and Global Immigration Update – Week of August 15, 2025

Department of State releases Visa Bulletin for September 2025: Employment-based cutoff dates remain unchanged

On August 12, 2025, the U.S. Department of State (DOS) issued its monthly Visa Bulletin for September 2025. The USCIS confirms it will be accepting adjustment of status applications based on the Final Action Dates chart: 

• EB-1 China: Final Action Date remains at November 15, 2022.
• EB-1 India: Final Action Date remains at February 15, 2022. 
• EB-1 All other countries: Final Action Dates remain current. 
• EB-2 China: Final Action Date remains at December 15, 2020. 
• EB-2 India: Final Action Date for India remains at January 1, 2013. 
• EB-2 All Other Countries: Final Action Dates remain current at September 1, 2023.
• EB-3 China: Final Action Date remains at December 1, 2020.
• EB-3 India: Final Action Date remains at May 22, 2013.
• EB-3 Philippines: Final Action Dates remain at February 8, 2023
• EB-3 All Other Countries: Final Act Dates remain at April 1, 2023. 
• EB-5 Unreserved China: Final Action Date remains at December 8, 2015.
• EB-5 Unreserved India: Final Action Date remains at November 15, 2019.
• EB-5 Unreserved All Other Countries: Final Action Dates remain current. 
• EB-5 Set-Aside Categories: Final Action Date remains current. 

The Department of State (DOS) reports a consistent rise in the use of employment-based immigrant visa numbers by both the US Citizenship and Immigration Services (USCIS) and the DOS throughout the current fiscal year, which ends on September 30, 2025. Consequently, it anticipates that the FY 2025 annual numerical limits for most employment-based preference categories will be reached in August and September. If a category reaches its annual limit, it will be deemed “unavailable,” meaning no additional requests for immigrant visa numbers in that category will be accepted.

Final Action Dates – September 2025

Dates for Filing – September 2025

SOURCE: travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-september-2025.html

DHS Proposal to Modify H-1B Cap Selection Process Clears Federal Review

• Proposal Overview:
  • The U.S. Department of Homeland Security (DHS) has advanced a proposed regulation to introduce a weighted selection process for the annual H-1B cap.
  • The proposal was submitted to the Office of Management and Budget (OMB) for review approximately three weeks ago and has now cleared that review.

• Anticipated Changes:
  • While details remain confidential until publication in the Federal Register, the rule is expected to either supplement or replace the current random lottery system.
  • Priority in selection could be granted to registrants meeting certain criteria, such as:
    • Higher offered wages.
    • Advanced educational qualifications.

• Next Steps in the Rulemaking Process:
  • The proposed rule will not take effect until:
    • It is published in the Federal Register.
    • A public comment period is completed.
    • Final rulemaking stages are concluded.
  • Employers and other stakeholders will have the opportunity to submit formal feedback during the comment period.

DHS Proposal to Replace “Duration of Status” with Fixed Periods of Stay for F, J, and I Nonimmigrants Clears Federal Review

• Proposal Overview:
  • The U.S. Department of Homeland Security (DHS) has advanced a proposed rule that would replace the current “duration of status” (D/S) admission policy for:
    • International students (F status).
    • Exchange visitors (J status).
    • Representatives of foreign information media (I status).
    • Their dependents.
  • Under the proposed change, these nonimmigrants would be granted a finite period of authorized stay, rather than admission for the duration of their program or assignment.
  • The proposal was submitted to the Office of Management and Budget (OMB) for review five weeks ago and has now cleared that stage, moving closer to publication in the Federal Register.

• Possible Rule Provisions (Based on Prior 2020 Proposal):
  • The 2020 version of this rule, issued during the first Trump administration, sought to:
    • Limit F, J, and I nonimmigrants to a fixed stay period.
    • Require individuals to apply for an extension of stay if additional time was needed to complete their program, employment, or assignment.
  • While the current proposal’s details remain confidential until publication, it is possible that similar provisions will be included.

• Potential Impact on Unlawful Presence Rules:
  • Changing the D/S admission policy would also alter how unlawful presence is calculated for F, J, and I nonimmigrants:
    • Current policy: Unlawful presence accrues only after USCIS makes a formal finding of a status violation or an immigration judge issues an exclusion, deportation, or removal order.
    • Likely new policy: These categories would begin accruing unlawful presence after the last date of their finite authorized stay—similar to other nonimmigrant categories—except in limited circumstances.

• Next Steps in the Rulemaking Process:
  • The proposal’s next stage is publication in the Federal Register for public feedback.
  • The regulation would not take effect until:
    • The public comment period concludes.
    • DHS completes the final rulemaking process.
  • This process typically spans several months.

Comparison of Current D/S Policy vs. Likely Fixed-Period Policy for F, J, and I Nonimmigrants

U.S. District Court Issues Preliminary Injunction Blocking Implementation of Birthright Citizenship Executive Order

• Court Action:

• • On August 7, 2025, the U.S. District Court for the District of Maryland certified a nationwide class and issued a preliminary injunction preventing enforcement of President Trump’s January 20, 2025 Birthright Citizenship Executive Order (EO) against class members.
  • This injunction is the fourth nationwide legal remedy currently blocking implementation of the EO.

• Class Definition (as Certified by the Court):

• • Any child born or to be born in the United States after February 19, 2025, who meets either of the following criteria:
  • Mother unlawfully present in the United States at the time of birth and father not a U.S. citizen or lawful permanent resident (LPR).
  • Mother lawfully but temporarily present in the United States at the time of birth and father not a U.S. citizen or LPR.

• Ongoing Litigation and Appeal Expectations:

• • Multiple lawsuits are currently challenging the birthright citizenship EO.
  • The U.S. government is expected to appeal any lower court rulings that are unfavorable to its position.
  • Implementation of the EO is barred for as long as any nationwide legal remedy, including this injunction, remains in effect.

USCIS updates Policy Manual on CSPA age calculation

• Policy Update Overview:

• • The U.S. Citizenship and Immigration Services (USCIS) is updating its Policy Manual to clarify that, for purposes of the Child Status Protection Act (CSPA) age calculation, a visa is considered “available” based on the Final Action Dates chart of the U.S. Department of State (DOS) Visa Bulletin.
  • The new guidance applies to requests filed on or after August 15, 2025.

• Application to Pending Cases:

• • USCIS will continue to apply the February 14, 2023 CSPA age calculation policy to adjustment of status applications pending before August 15, 2025, as applicants may have relied on that prior policy when filing.

• Purpose and Impact of the Update:

• • Ensures both USCIS and DOS use the Final Action Dates chart to determine visa availability for CSPA calculations.
  • Establishes consistent CSPA age calculations for:
  • Adjustment of status applicants within the United States.
  • Immigrant visa applicants abroad.
  • Addresses inconsistencies created by the February 14, 2023 policy, which treated applicants in the United States differently from those applying through DOS overseas.

• CSPA Background:

• • Generally, an unmarried alien child must be under age 21 to obtain lawful permanent resident (LPR) status through a parent’s approved petition in the family-sponsored, employment-based, or diversity visa categories.
  • If a child turns 21 (“ages out”) before the immigration process is complete, they typically lose eligibility based on the parent’s petition.
  • Congress enacted the CSPA to protect certain alien children from aging out by providing a special age calculation method that considers when an immigrant visa number “becomes available.”

• Filing Deadline to Benefit from CSPA:

• • Applicants for adjustment of status in the family-sponsored, employment-based, or diversity visa categories must seek to acquire LPR status within one year of when a visa becomes available to benefit from CSPA protections.

• Extraordinary Circumstances Exception:
  • USCIS will consider the “sought to acquire” requirement satisfied if the applicant demonstrates extraordinary circumstances for failing to apply within one year of visa availability.
  • If an applicant shows extraordinary circumstances for not filing during the February 14, 2023 policy period and before August 15, 2025, USCIS will calculate CSPA age under the February 14, 2023 policy.
    

Comparison of CSPA Age Calculation Policies

Global Immigration Updates

Costa Rica

The Costa Rican General Immigration Directorate (DGME) is currently receiving a large number of residence applications, the majority of which are from executives of registered and well-known companies. As a result, the institution is conducting in-depth reviews of the tax and social security compliance status of these companies. In certain cases, the DGME has outright denied residence applications when the sponsoring company has outstanding tax or social security obligations.

In the past, the DGME allowed applicants to address these compliance issues during the application process. However, the current policy requires that all obligations be verified at the beginning of the process. This includes ensuring that all tax filings and payments with the Dirección General de Tributación (DGT) are up to date, and that neither the applicant nor the company has any outstanding debts with the Costa Rican Social Security Fund (CCSS).

It is important to note that once an application is denied, the process must be started from scratch, which often involves the executive exiting and re-entering Costa Rica to obtain valid immigration status, securing a new apostilled or legalized police clearance, and repaying all applicable DGME fees.

Vietnam – Summary of Key Changes under Decree 219

I. Job Categories and Requirements

Manager – Must be named in company charter, appointment/employment document, or establishment license.

Executive Director – Must be a branch/rep office/business location head or a sector head with 3 years relevant experience. Requires proof via registration documents plus employer confirmation.

Expert –

• General: University degree (or equivalent) + 2 years relevant experience.
• Priority sectors (finance, science, tech, innovation, digital transformation, socio-economic priorities): Degree in relevant field + 1 year experience.
• No longer qualifies solely by experience (previously 5 years).
• Various field-specific proof allowed (e.g., culture/sports, aviation, maritime, education).

Technical Worker –

• Trained ≥1 year + 2 years experience, or
• 3 years experience.
• Proof includes training docs + employer confirmation. Prior Vietnam work permit/exemption can serve as proof.

II. Changes to the Work Permit exemptions categories

Key updates:

• Short-term work: ≤90 days/year (calendar year), replacing 30 days × 3 times/year limit.
• Broader exemptions: priority sector experts, spouses of Vietnamese nationals, journalists, commercial presence establishment, and urgent technical problem solvers (<3 months).
• Some exempt categories no longer need a Work Permit Exemption Certificate (WPEC).
• Employers must notify authorities at least 3 working days before employment.

Comparison Chart:

For experts in Experts in priority sectors, A document issued by a competent authority in accordance with legal regulations for cases specified is required => must be clarified how to obtain this and where?

In cases where a foreign worker has already been issued a confirmation of exemption from the work permit requirement and intends to work for a different employer in another province or centrally governed city, the new employer must notify the competent authority that issued the exemption at least three working days prior to the worker’s expected start date.

Exempted categories and Exemption of work permit exemptions certificate (WPEC):

III. Medical Check-up requirement for Work Permit and Work Permit Exemption requirements:

Foreign-issued health certificates valid only if mutual recognition agreement exists. Clarification pending.

 IV. Application Timing

• New WP/WPEC: Apply 60 to 10 working days before start.
• Renewal: 45 to 10 working days before start.
• Submission allowed via service providers to local Public Administration Centers.

V. Processing Time for Application of Work Permit/Work Permit Exemption Certificate

For Work Permit

• WP issuance/extension: 10 days; reissue: 3 days.
• WPEC issuance/extension: 5 days; reissue: 3 days.

VI. Forms

VII. Simplification of Official forms and Specifically JPA form.

Only 4 forms are attached to the new decree on the management of foreigner working in Vietnam and only 2 that will be used by sponsoring entities. The 2 others are used by the issuing authorities:

• Form No. 01 (WPEC) – Application for issuance/re-issuance/extension of confirmation of exemption from the work permit requirement
• Form No. 02 (WPEC) – Confirmation of exemption from the work permit requirement (use by the issuing authorities)
• Form No. 03 (WP) – Explanation of the need to employ foreign workers and application for issuance/re-issuance/extension of work permit 
• Form No. 04 – Work permit certificate (used by the issuing authorities)

VIII-IX. Other Key Points

• Local hire: Signed labor contract submitted only on request.
• Multiple locations: Notify each province’s authority at least 3 days before work. The notification must include the following information: full name, age, nationality, passport number, work permit number, name of the employer, expected start date and end date of the work period, which must not exceed the validity period of the issued work permit.
• Extension: If continuing same role, must apply for a new WP.

X. Work Permit Termination

WP must be returned within 15 days of termination, except when expiring naturally. Work Permit that are terminated upon their term no longer require to be terminated and returned to the issuing authority.

XI. Reporting requirements

Semi-annual reporting requirement removed.

XII. Transition

Applications filed before decree’s effective date processed under old rules; permits remain valid until expiry.

XIII. Responsibilities (Article 36): Ministry of Home Affairs (MOHA)

to lead central database; other ministries manage sector-specific guidance; provincial People’s Committees manage local compliance and reporting.

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.