DOS Updates Guidance on Third Country National Nonimmigrant Visa Processing

What’s Happening

The Department of State (DOS) issued an updated policy via its website on Saturday, September 6th stating that, effective immediately, they are updating their policy on Third Country National (TCN) nonimmigrant visa processing. Until now, all consular posts were able to accept TCN nonimmigrant visa applications, with specific policies varying across posts regarding wait times, adjudication procedures, and eligibility criteria for TCN processing. While DOS has always preferred applicants to apply in their home country where possible, this new policy marks a significant departure from that long-standing practice of allowing applicants to apply wherever they are able to get an appointment if there is not good availability in their country of nationality or residence.

At this time, it appears that the guidance was issued without advance warning to individual consular posts and, as of Monday morning, the immigration bar is seeing a large amount of inconsistency across posts with respect to TCN visa adjudications, with some posts continuing to process already-scheduled TCN appointments and others (most notably the U.S. Embassy in London) completing interviews but declining to take passports for visa stamping and placing applications in administrative processing until they receive further implementation guidance from DOS leadership. 

We have summarized below the main points covered in the updated guidance along with some commentary on what we do and do not know at this time based on the unclear wording of the new guidance, which leaves open questions as to whether TCN processing is now completely prohibited unless an individual can establish residency in the consular jurisdiction, or whether it is being discouraged but still ultimately a practice that will be allowed to continue with increased restrictions.

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DHS Proposes End to “Duration of Status” for F, J, and I Visa Holders + Removes Deference

What’s Happening

Removal of Duration of Status Classification for F, J, and I visa holders

The Department of Homeland Security (DHS) has released a proposed rule that would eliminate the "duration of status" (D/S) admission framework for F students, J exchange visitors, and I media representatives. Instead, DHS would implement a fixed period of stay, aligning these categories more closely with the structure applied to other nonimmigrant visa types.

While DHS indicates the purpose of the new rule is to limit the amount of time that visa holders are allowed to remain in the United States without additional screening and vetting, this change would significantly alter how international students and exchange visitors maintain lawful presence and work authorization in the United States.

Removal of Deference to Prior USCIS Approvals

Another critical element in the proposed rule is the removal of deference to prior USCIS approvals for Form I‑129 petitions, even when they involve the same parties and facts. Under the H-1B modernization rule, which took effect in January shortly before the change in administration, USCIS typically deferred  to earlier decisions in H‑1B (and other I‑129-based) extensions, so long as the underlying facts remained materially unchanged. Under the new rule, USCIS would no longer be required to give deference to prior approvals, which could result in inconsistent adjudication outcomes.

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USCIS Expands Review Criteria for Certain Immigration Applications Involving Discretion, Including Online Activity and Ideological Associations

What’s Happening?

On August 19, 2025, U.S. Citizenship and Immigration Services (USCIS) released updated policy guidance that changes how the agency reviews a range of immigration applications. The updates, which revise Chapter 8 of the USCIS Policy Manual, direct immigration officers to take a broader look at an applicant’s background, including public online activity, ideologies, and associations, when deciding whether to approve a request for certain immigration benefits.

These changes primarily impact applications that involve discretionary review, meaning that, in addition to confirming an applicant meets statutory and regulatory eligibility criteria, officers must also weigh an applicant’s eligibility alongside a broader assessment of their background to determine if approval is warranted.

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Department of State Updates Visa Reciprocity Schedule

What’s Happening?

On July 8, 2025, the U.S. Department of State updated its visa reciprocity schedule, reducing visa validity and entry allowances for more than 50 countries. The reciprocity schedule determines how long a visa is valid, how many times it can be used to enter the U.S., and what fee is charged based on how that country treats U.S. travelers.

For many nations, certain nonimmigrant visas in the B (visitor), F (student), H (temporary worker), J (exchange visitor), M (vocational student), and O (individuals with extraordinary ability) categories have been shortened to three months validity and single entry only. Visas issued before this date remain valid as printed. Full or partial travel bans also remain in effect for several of these countries, which may further limit visa issuance.

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State Department Introduces Visa Bond Pilot Program for Certain B-1/B-2 Applicants

What’s Happening?

Beginning August 20, 2025, the U.S. Department of State (DOS) will implement a 12-month Visa Bond Pilot Program targeting certain applicants for B-1/B-2 nonimmigrant visas. Under this program, nationals of designated countries may be required to post a bond of $5,000, $10,000, or $15,000 as a condition of visa issuance. According to DOS, this program aims to test the effectiveness of visa bonds as a tool for reducing overstays and supporting national security. The pilot will run through August 5, 2026, and is expected to impact approximately 2,000 applicants. Future updates may expand the list of affected countries.

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Major Changes to the U.S. Nonimmigrant Visa Interview Waiver Program Starting September 2, 2025

What’s Happening?

The State Department recently announced that beginning September 2, 2025, most nonimmigrant visa applicants will no longer qualify for interview waivers at U.S. consular posts abroad. The State Department has announced that the already-narrowed program will shrink even further, effectively requiring in-person interviews for the vast majority of visa categories, including for dependent children under the age of 14.

This new policy is a continuation of the Department’s efforts to restrict interview waivers, which have served as a critical tool in managing consular workloads, avoiding extreme backlogs in appointment availability, and allowing consular staff to more efficiently direct resources to vetting high risk applicants. 

Earlier this year, in February 2025, the Department curtailed the COVID-era expansion of the program, which had allowed interview waivers for applicants whose prior visa in the same classification had expired within 48 months—and, in some cases, even for first-time applicants. The February revision restricted eligibility to those renewing a visa in the same category that was still valid or had expired within the last 12 months. The September changes will restrict the visa waiver program further.

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USCIS Announces FY2026 H-1B Cap Has Been Reached

USCIS has confirmed that the H-1B cap has been reached for FY2026. While this is not unexpected, it does confirm that a second round of selections will not take place this year.

As a reminder, the agency will continue to accept petitions that are exempt from the cap, including petitions requesting an extension or amendment of H-1B status, a change in H-1B employer, or for new concurrent H-1B employment. 

State Department August 2025 Visa Bulletin Summary

The Department of State has released the August 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In August 2025, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates for Employment-Based Preference chart. To be eligible to file an adjustment of status application in August 2025, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will remain at February 15, 2022, and the Final Action Date for China will remain at November 15, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at January 1, 2013 and China will remain at December 15, 2020. All other countries have retrogressed by six weeks to September 1, 2023. According to the Department of State, the EB-2 issuance total for this category is rapidly approaching its annual limit for FY-2025. DOS has indicated that it is likely the annual limit will be reached in August.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by four weeks to May 22, 2013, while China will remain at December 1, 2020, and the Philippines will remain at February 8, 2023. All other countries will remain at April 1, 2023.

The EB-4 category will be “unavailable” in August and continuing through the end of the fiscal year on September 30, 2025. The category was made “unavailable” on February 28, 2025, by which time all available EB-4 visas for the 2025 fiscal year had been used. The annual limit will reset at the start of the new fiscal year on October 1, 2025. 

With respect to the Final Action Date for the EB-5 Unreserved categories, India will advance by six months to November 15, 2019, while China will advance by twenty two months to December 8, 2015. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

Federal Judge Blocks Trump’s Birthright Citizenship Executive Order

A federal judge has blocked President Trump’s executive order that sought to restrict birthright citizenship in the United States. The ruling came in response to a lawsuit filed on behalf of families affected by the order and grants relief nationwide. The lawsuit will now proceed as a class-action. However, the judge issued a seven-day stay on his ruling, giving the federal government one week to appeal the decision. In the meantime, there is still uncertainty, but for now, the executive order cannot be enforced, and children born in the U.S. on or after February 20, 2025, are eligible for U.S. Citizenship.

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DHS Proposes Rule to Eliminate “Duration of Status” for F, J, and I Visa Holders

What’s Happening:

On June 27, 2025, the U.S. Department of Homeland Security (DHS) submitted a proposed rule to the Office of Management and Budget (OMB) that would eliminate the “duration of status” (D/S) admission period for F-1 students, J-1 exchange visitors, I-1 foreign information media representatives, and their dependents. The proposal, if finalized, would replace the current “duration of status” system with fixed periods of authorized stay—generally two or four years—with the option to file extensions of status with USCIS.

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Supreme Court Allows Birthright Citizenship Executive Order to Move Forward 30 Days from Today, Only Named Plaintiffs in Currently-Pending Lawsuits Remain Protected

On Friday, June 27, 2025, the United States Supreme Court made an important decision that affects who can get U.S. citizenship at birth. The Court said the federal government can start enforcing parts of a January 20th executive order that limits automatic citizenship for some children born in the U.S. to nonimmigrant and undocumented parents.

More specifically, this executive order stated that at least one parent must be a U.S. citizen or Lawful Permanent Resident (LPR) (aka: green card holder) for their child to get citizenship at birth, even if the child is born on U.S. soil. Critics say this violates the 14th Amendment of the Constitution, which has long been interpreted to grant citizenship to nearly everyone born in the U.S. Should the Executive Order be allowed to partially take effect, it remains unclear what the immigration status of children born to non-citizen or non-LPR parents not protected by  the current injunctions will be at birth. It also remains unclear whether, if the executive order is ultimately deemed unconstitutional, impacted children born in the U.S. while the ban was in effect would retroactively be accorded U.S. citizenship.

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DOS Announces Resumption of Student & Exchange Visitor Visa Appointments and New Social Media Vetting Measures

What’s Happening?

After a temporary pause in Student or Exchange Visitor Visa Appointments, U.S. consulates are resuming scheduling appointments for F-1 and M-1 student visa and J-1 exchange visitor visa applications. However, on June 18, 2025, the State Department (DOS) announced that this return comes with newly expanded vetting measures that may affect processing times and outcomes. The guidance specifically calls for “a review of the applicant’s entire online presence using any appropriate search engines or other online resources,” including “a check of any databases to which the consular section has access.” Additionally, a key aspect of the enhanced screening procedures is mandatory screening of applicants' social media.  As part of the social media screening, applicants are being instructed to make all social media accounts public during the visa application process.

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State Department July 2025 Visa Bulletin Summary

The Department of State has released the July 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In July 2025, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates for Employment-Based Preference chart. To be eligible to file an adjustment of status application in July 2025, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will remain at February 15, 2022, and the Final Action Date for China will advance by one week to November 15, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at January 1, 2013 and China will advance by two weeks to December 15, 2020. All other countries will remain at October 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by one week to April 22, 2013, while China will advance by one week to December 1, 2020. All other countries will advance by seven weeks to April 1, 2023.

The EB-4 category will be “unavailable” in July and continuing through the end of the fiscal year on September 30, 2025. The category was made “unavailable” on February 28, 2025, by which time all available EB-4 visas for the 2025 fiscal year had been used. The annual limit will reset at the start of the new fiscal year on October 1, 2025. 

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at May 1, 2019, while China will remain at January 22, 2014. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

Trump Administration Announces Two New Travel Bans

What’s Happening?

Country-Specific Travel Ban

On June 4, 2025, President Trump issued a new Presidential Proclamation (“Country Specific Travel Ban”) implementing a new travel ban that restricts entry for foreign nationals from 19 countries, with different levels of restrictions applied based on the perceived security risk. The full and partial suspensions will go into effect at 12:01 a.m. ET on Monday, June 9, 2025 and apply to nationals of impacted countries who are both:

  1. Outside of the U.S. as of the effective date of the ban; and

  2. Do not have a valid nonimmigrant or immigrant visa as of the date of the ban.

The countries with full suspension are Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. Unless and exception applies, nationals from these countries with full suspension are not able to enter the U.S. at this time. This suspension applies to both immigrants and nonimmigrants.

The countries with partial suspension are Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. Under the partial suspension, unless and exception applies, nationals from these countries are not able to enter the U.S. on immigrant visas, or on certain non-immigrant visas including: B visitor visas, F-1 student visa, M-1 student visa, and J-1 exchange visitor visa. 

For the seven countries subject to the partial suspension, the proclamation instructs consular officers to shorten the validity period of any nonimmigrant visa issued under a non-suspended nonimmigrant category, “to the extent permitted by law.” However, it remains unclear how consulates will determine the extent of this limitation.

The Proclamation also confirms that no nonimmigrant or immigrant visas issued before the June 9th effective dates will be revoked as a result of the ban.

Finally, the Proclamation calls for periodic review of the list of travel ban countries to assess whether restrictions should be removed, updated, modified, or continued and also calls for a review of whether some level of travel restrictions should be imposed on nationals of Egypt.

Harvard Travel Ban

In addition to the nationality-based travel ban, the President also issued an additional Proclamation (“Harvard Travel Ban”) that applies to all foreign nationals who enter or attempt to enter the United States to begin attending Harvard University through the Student and Exchange Visitor Program (SEVP) (which governs F, M, and J visa admissions) after the date of this proclamation. The Harvard Travel Ban is effective immediately and will remain in effect for at least six months. 

The Proclamation also directs the Secretary of State and various other agencies to assess whether existing F, M, and J visa holders currently attending Harvard should have their visas revoked and whether limitations should be imposed on Harvard’s ability to participate in the Student Exchange Visitor Program (SEVP) and the Student and Exchange Visitor Information System (SEVIS), which are required for the University to enroll foreign students.

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DOS Announces Pause in Student or Exchange Visitor Visa Appointments

UPDATE: DOS has resumed F, M, and J visa process along with new social media vetting measures. Updated information can be found here.

What’s Happening

On May 27, 2025, in an internal State Department (DOS) cable obtained by several news outlets including CBS, The Associated Press, and Politico, Secretary of State Marco Rubio ordered US embassies to stop scheduling F-1 and M-1 student visa and J-1 exchange visitor visa appointments until further notice. This pause is intended to be temporary, but will remain in place until the State Department provides embassies with updated guidelines on screening applicants’ social media. There is no official guidance on what the additional social media screening and vetting will look like. However, the Trump Administration’s general practice of looking at visa applicants’ social media indicates the social media screening will focus on “terrorism” and “antisemitism” as part of the administration’s broader crackdown on pro-Palestinian demonstrations on university campuses. Although there is no specified duration for the pause, the cable indicated that further guidance is anticipated “in the coming days.” 

With the exception of Canadians, all students and exchange visitors traveling to the U.S. to study or work must attend an interview at a U.S. consulate or embassy abroad and be issued a visa stamp before they are able to travel to the U.S. and commence studies or work permitted under their F-1, M-1, or J-1 status.

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D&S Travel & Digital Privacy Advisory

What’s Happening

As the immigration landscape continues to evolve under the Trump Administration, certain trends have been observed at U.S. ports of entry, including the detention of visitors, nonimmigrant visa holders, and lawful permanent residents. There has also been a rise in the search of social media, phones, and other electronic devices for individuals clearing U.S. immigration. While these occurrences remain isolated and represent only a small fraction of the total number of travelers admitted to the U.S. each day, they understandably are causing concern from non-citizens living in and/or traveling to the U.S. Below is an overview of best practices for navigating both travel and digital privacy.

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June 2025 State Department Visa Bulletin Summary

The Department of State has released the June 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In June 2025, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates for Employment-Based Preference chart. To be eligible to file an adjustment of status application in June 2025, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will remain at February 15, 2022, and the Final Action Date for China will remain at November 8, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at January 1, 2013 and China will advance by two months to December 1, 2020. All other countries will advance by nearly four months to October 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will remain at April 15, 2013, while China will advance by three weeks to November 22, 2020. All other countries will advance by five weeks to February 8, 2023.

The EB-4 category will be “unavailable” in June and continuing through the end of the fiscal year on September 30, 2025. The category was made “unavailable” on February 28, 2025, by which time all available EB-4 visas for the 2025 fiscal year had been used. The annual limit will reset at the start of the new fiscal year on October 1, 2025. 

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at May 1, 2019, while China will remain at January 22, 2014. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

Guidance for Noncitizens: Social Media & Activism under the Trump Administration

What’s Happening

Since President Trump’s return to office earlier this year, there has been a renewed focus on immigration enforcement and vetting procedures. Early actions by the administration suggest a return to more restrictive immigration policies, which notably include significantly enhanced attention focused on the social media activity and public behavior of not only nonimmigrant visa holders, but even U.S. permanent residents. Reports of heightened scrutiny at ports of entry and during consular visa processing as well as use of Artificial Intelligence (AI) to screen for “problematic” social media activity, have raised concerns about how online expression and political involvement—especially if perceived as critical of the U.S. government or current administration’s political priorities—might impact U.S. immigration status. In this climate, it is critical that visitors, nonimmigrant visa holders, and U.S. permanent residents understand the extent to which their online and social media presence is being vetted by the current administration so that they can assess the level to which they wish to exercise discretion in their public and digital presence.

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May 2025 State Department Visa Bulletin Summary

The Department of State has released the May 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In May 2025, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates for Employment-Based Preference chart. To be eligible to file an adjustment of status application in May 2025, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India will remain at February 15, 2022, and the Final Action Date for China will remain at November 8, 2022. All other countries will remain current.

The EB-2 Final Action Date for India will remain at January 1, 2013 and China will remain at October 1, 2020. All other countries will remain at June 22, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by two weeks to April 15, 2013, while China will remain at November 1, 2020. All other countries will remain at January 1, 2023.

The EB-4 category will be “unavailable” in May and continuing through the end of the fiscal year on September 30, 2025. The category was made “unavailable” on February 28, 2025, by which time all available EB-4 visas for the 2025 fiscal year had been used. The annual limit will reset at the start of the new fiscal year on October 1, 2025. 

With respect to the Final Action Date for the EB-5 Unreserved categories, India will retrogress by five months to May 1, 2019, while China will remain at January 22, 2014. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.