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.

Online Registration Requirement for Certain Foreign Nationals

On January 20, 2025, President Trump signed Executive Order 14159, directing the Department of Homeland Security (DHS) to “restore order and accountability to our immigration system.” As a result of the Order, certain foreign nationals present in the United States will now be required to register online with the Department of Homeland Security and undergo biometrics collection and a background check.

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DHS to Terminate CHNV Parole Program Effective April 24, 2025

What’s Happening

The Department of Homeland Security (DHS) has indicated that it will be publishing a notice in the Federal Register on Tuesday, March 25, 2025, announcing its plans to terminate a program granting humanitarian parole and employment authorization to qualifying nationals of Cuba, Haiti, Nicaragua, and Venezuela, a program commonly referred to as the “CHNV Parole Program.”. 

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International Travel For Noncitizens Under Trump 2.0 - Travel Ban, Increased Apprehensions and Detentions, and Best Practices

In light of the rapidly evolving immigration landscape, we continue to closely monitor the potential implications of President Trump's January 20th Executive Orders on travel and border security. These executive orders, which include both "Enhanced Vetting" and "Securing Our Borders" directives, have raised concerns about possible travel bans and increased scrutiny for noncitizens seeking entry into the United States. Alongside these policy shifts, troubling trends are emerging at U.S. ports of entry, including the detention of visitors and nonimmigrant visa holders and heightened risk for Canadians applying for TN status at the border. As the deadline for implementing these orders approaches, we are committed to keeping you informed of critical developments and providing guidance on best practices for navigating potential risks.

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April 2025 State Department Visa Bulletin Summary

The Department of State has released the April 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In April 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 April 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 advance by two weeks to 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 advance by one month to January 1, 2013 and China will advance by almost five months to October 1, 2020. All other countries will advance by five weeks to June 22, 2023.

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

The EB-4 category will be “unavailable” in April 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 over two years to November 1, 2019, while China will retrogress by about two and half years to 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.

USCIS To Initiate Removal Proceedings After Denying Applications, With Exceptions for Employment-Based Petitions

WHAT’S HAPPENING

On February 28, 2025, USCIS issued a Policy Memorandum (PM) expanding its role in initiating removal proceedings for certain foreign nationals, requiring the agency to initiate removal proceedings by issuing a Notice to Appear (NTA) after it denies an application for an immigration benefit if the denial renders the foreign national unlawfully present in the United States. The PM includes a specific carveout for beneficiaries of employment-based petitions but this carve out does not include their dependent family members or beneficiaries who served as the signatory on their I-129 petition.

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President Trump Announces Plans to Sell "Gold Cards"

President Trump has announced plans to sell “gold cards” to wealthy foreigners. The program, which will require applicants pay “about $5 million” to obtain a green card and a path to citizenship, according to the President, would replace the EB-5 visa––a green card pathway enacted in 1990 based on investment and U.S. job creation.

Details are limited but D&S will provide updates as they become available.

State Department Issues Guidance Restricting Gender Designations On U.S. Passports

On February 14, 2025, the State Department (DOS) issued guidance announcing a new policy on sex markers in U.S. passports, pursuant to the Trump Administration’s executive order declaring that the U.S. government will only recognize the two binary sexes (male and female). Under the new policy, DOS will only issue U.S. passports that contain either an “M” or “F” sex marker, and will only issue new passports that match the biological sex assigned at birth. DOS will no longer issue U.S. passports or Consular Reports of Birth Abroad with an “X” marker.

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State Department Narrows Eligibility For Nonimmigrant Visa Interview Waiver

On February 18, 2025, the State Department narrowed the categories of applicants eligible for a nonimmigrant visa interview waiver, rescinding a 2023 update that had expanded eligibility. Under the updated program, consular offices have the authority and discretion to waive the in-person interview only for the following categories:

  • Applicants who previously held a visa in the same category that expired within the 12 months prior to the new application;

  • A-1, A-2, C-3, G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1; and

  • Applicants for diplomatic- or official-type visas.

To be eligible for the waiver, these applicants must also meet the following criteria:

  • 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.

This update to narrow eligibility is expected to increase appointment wait times.

It is important to note that the State Department has granted Consular Officers discretion to waive the in person interviews for individuals who meet the above criteria. However, each Consular Post retains discretion with respect to how these waivers can be requested and under what circumstances it will grant interview waivers. As such, eligibility for an interview waiver does not guarantee that one will be granted in any specific case.

March 2025 Visa Bulletin Summary

The Department of State has released the March 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In March 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 March 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 1, 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 advance by six weeks to December 1, 2012 and China will advance by two weeks to May 8, 2020. All other countries will advance by six weeks to May 15, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by six weeks to February 1, 2013, while China will advance by one month to August 1, 2020. All other countries will remain at December 1, 2022.

In the fourth preference category EB-4, Minister and Non-Minister Religious Workers Program is set to expire on March 14, 2025. If Congress doesn't take any action to extend the dates beyond that date, the category will become “unavailable” after midnight on March 13. The Final Action Dates for all other EB-4 will retrogress by nearly a year and a half to August 1, 2019 for all countries. 

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at January 1, 2022, while China will remain at July 15, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

Fifth Circuit Court Rules Against DACA, But Allows Renewals To Continue

On January 17, 2025 the Fifth Circuit Court of Appeals partially upheld a Texas District Court ruling that the Deferred Action for Childhood Arrivals (DACA) is illegal, enjoining the parts of the DACA program that provide work authorization and lawful status, but limiting the injunction to DACA recipients residing in Texas and allowing DACA renewals to continue for residents in all 50 states pending further appeal. 

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FY2026 H-1B Cap Registration Will Open March 7 At Noon

USCIS announced that the initial registration period for the FY2026 H-1B cap will open at noon ET on March 7, 2025 and run through noon ET on March 24, 2025. During this period, employers (or their legal representatives) may complete an online registration in which they provide initial eligibility information about the petitioning company and each employee they wish to sponsor. The H-1B cap registration filing fee will increase from $10 to $215 per beneficiary for the FY2026 H-1B cap.

Once the registration period is complete, USCIS will run the H-1B lottery using a beneficiary-centric selection system, meaning one that selects unique beneficiaries rather than individual employer registrations. USCIS intends to notify employers and representatives of selected beneficiaries by March 31. Only those cases selected through the electronic registration process will be eligible to file H-1B cap-subject petitions. 

Please note that the above is for informational purposes and does not constitute legal advice. For specific questions about how the FY2026 H-1B Cap may apply to your circumstances, please contact your team at D&S.

D&S Immigration Update: Trump Administration Ends Temporary Protected (TPS) Designation for Venezuelans

UPDATE: On March 31, 2025 a federal court judge granted an order postponing DHS’s decision vacate the 2023 Venezuelan TPS. The court order ensures that individuals covered by the 2023 TPS designation for Venezuela will retain their employment authorization and other TPS benefits (which were set to terminate on April 7, 2025) while the lawsuit proceeds, under the revived TPS extension granted by former DHS Secretary Alejandro Mayorkas on January 17, 2025.

On January 28, 2025, The Department of Homeland Security (DHS) vacated the Biden Administration’s recent redesignation of the 2023 Temporary Protected Status (TPS) designation for Venezuela through October 2, 2026. This will result in the expiration of the 2023 TPS protections reverting back to the prior expiration date of April 2, 2025. Following the vacatur, DHS then took the necessary steps to formally terminate the program on February 3, 2025, when it released an advance copy of a notice to terminate the 2023 TPS designation for Venezuelan nationals. The notice is expected to be published February 5, 2025, and will become effective 60 days after publication, terminating work authorization and deportation protections for recipients of the 2023 TPS designation for Venezuela as of that date. 

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D&S Adjudication Alert: I-140 Adjudications Not Receiving Premium Processing

The immigration bar has noted a trend with the adjudication of certain I-140 petitions filed with premium processing service. It appears that the United States Citizenship and Immigration Service (USCIS) has been unable to meet premium processing deadlines on a large number of EB-1(a), (c) and EB-2 NIW I-140 petitions filed since December 2024. Individuals who intend to file such petitions with premium processing should expect the expedited timeline may not be honored by USCIS (in which case, a refund of the premium processing fee should occur, though USCIS will not issue the refund until case adjudication is completed).

D&S is continuing to monitor this developing adjudication trend and will provide updates as they become available.

Laken Riley Act

Today, President Trump signed the Laken Riley Act into law. The Act drastically expands grounds for expedited removal and significantly expands the scope of mandatory detention for certain noncitizens who are both arrested for or convicted of certain non-violent property related crimes as well as assault of law enforcement. Another notable feature of the Act that could have implications for employment based immigration is that the Act grants State Attorneys General and other state officials standing to sue the federal government in district court for failure to enforce certain provisions of the Immigration and Nationality Act (INA). We outline each of the main provisions of the act below.

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D&S Immigration Update: International Travel and U.S. Immigration Under Trump 2.0

While overt travel bans like those we saw during the first Trump Administration (Trump 1.0) have not yet been implemented, we anticipate they could be introduced in the coming months. However, even prior to any actual bans, travel will continue to carry some inherent risk, which might be heightened based on one’s individual circumstances. The increased risk stems largely from the significant restrictions and increased scrutiny that travelers will be subject to at U.S. consulates and ports of entry based on the President’s directives requiring enhanced vetting and screening of all noncitizens seeking entry to the United States across agencies including the United States Citizenship and Immigration Service (USCIS), Customs and Border Protection (CBP), and the Department of State (DOS).

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Trump Administration's Day 1 Executive Orders: Summary of Immigration Implications

What’s Happening

On January 20, 2025, President Trump signed numerous executive orders (EOs), including several pertaining to or impacting immigration. The content and anti-immigrant sentiment of most of these EO’s were not unexpected. While they largely focussed on border enforcement, undocumented immigrants, and humanitarian immigration, the President’s Day 1 EOs also have potential implications for foreign nationals seeking entry to the United States, birthright citizenship, and other policies affecting noncitizens more broadly. 

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State Department February 2025 Visa Bulletin Summary

The Department of State has released the February 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In February 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 February 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 1, 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 October 1, 2012 and China will remain at April 22, 2020. All other countries will remain at April 1, 2023.

The EB-3 Professional/Skilled Worker Final Action Date for India will advance by two weeks to December 15, 2012, while China will advance by one month to July 1, 2020. All other countries will remain at December 1, 2022.

The Final Action Dates for all EB-4 will remain at January 1, 2021 for all countries. In addition, with respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at January 1, 2022, while China will remain at July 15, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

Immigration Agencies Announce Regulatory Priorities and Timelines

USCIS released its regulatory agenda for the coming months, which included plans to publish a final rule that would implement the second phase of the H-1B modernization plan initiated last year, among other immigration agency rulemaking priorities and timelines for the coming months. While the regulatory agenda reveals the Biden Administration’s agency priorities, the normal rulemaking process takes at least several months, and following the administration change on January 20, 2025, federal agencies under the new administration may decline to pursue proposed rules, suspend implementation of newly issued final rules, or even seek to vacate rules. While the implementation and lasting power of rules included in the Biden Administration’s plans are uncertain, some of these plans may remain on course, especially where they align with the incoming administration’s interests.

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