State department suspends interview waiver eligibility for certain nationalities.
On August 7, 2025, the State Department announced that nationals and citizens from certain countries who are renewing or previously held a nonimmigrant visa would no longer be eligible to waive their in-person interview at the consulate. The excluded countries are: Afghanistan, Angola, Antigua and Barbuda, Benin, Bhutan, Burkina Faso, Burma, Burundi, Cabo Verde, Cambodia, Cameroon, Chad, Cote D’Ivoire, Cuba, Republic of Congo, Democratic Republic of Congo, Djibouti, Dominica, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, The Gambia, Ghana, Haiti, Iran, Kyrgyz Republic, Laos, Liberia, Libya, Malawi, Mauritania, Niger, Nigeria, Saint Kitts and Nevis, Saint Lucia, Sao Tome and Principe, Sierra Leone, Senegal, Somalia, South Sudan, Sudan, Syria, Tanzania, Togo, Tonga, Turkmenistan, Tuvalu, Uganda, Vanuatu, Venezuela, Yemen, Zambia, and Zimbabwe.
See the announcement here.
State Department severely restricts visa interview waiver availability for certain visas, effective 9/2/2025
On July 25, 2025, the State Department announced severe restrictions to visa interview waiver availability, effective 9/2/2025. Virtually all nonimmigrant visa applicants will now require an in-person interview with a consular officer, including but not limited to: F-1 students, H-1B professional workers, J-1 exchange visitors, L-1 intracompany transferees, O-1 persons of extraordinary ability, and R-1 religious workers. Please see the DOS announcement here for information on waiver eligibility.
Consulates may waive interviews on a discretionary basis. However, we anticipate significant visa processing backlogs due to these waiver restrictions combined with consulate closures and consular staff reductions.
QS: Global Student Flows 2025: 8.5 million globally mobile students projected by 2030
As recently shared by the National Association of Foreign Student Advisors (“NAFSA”), QS’s July 2025 Global Student Flows projects that there will be approximately 8.5 million globally mobile students by 2030, which is an annual 4% growth rate over the past decade. QS notes that although there has been consistent growth in international education, uncertainty driven by geopolitics, economic conditions, and changing student preferences can impact trends. Based on these factors, QS predicts three potential scenarios for international education over the next five years: regulated regionalism, hybrid multiversity, and a talent race rebound.
Read the report here.
Forbes: “Immigration Data Show Steep Decline in Arriving International Students”
In an article published on August 21, 2025, Forbes reports that international student arrivals have steeply declined in comparison to last year’s data. The number of international students who arrived this July was 28.5% lower than last July, which Forbes predicts will signal a drop in international student enrollment on American college campuses this year. The decline is most significant for international students from Asian countries; Indian student arrivals declined by 46.4% from July 2025 to July 2024, and Chinese student arrivals declined by 25.6% for the same period.
These declines are most likely the result of the Trump Administration’s anti-immigrant policies and narrative, including its travel ban on citizens 19 countries, limited visa appointment availability, visa revocations, and its harsh and unwelcoming rhetoric towards immigrants.
Read the Forbes article here.
Trump Administration proposes new Rule eliminating Duration of Status (D/S) for F-1 Students, J-1 Exchange Visitors, and I-1 Foreign Media Representatives
On August 28, 2025, The Trump Administration proposed a new Rule eliminating the Duration of Status (“D/S”) admission expiration date. Under the new Rule, nonimmigrants in F-1/F-2 (students and their dependents), J-1/J-2 (exchange visitors and their dependents), and I-1 (foreign media representatives) status would only be admitted to the United States for the time period noted on their respective Form I-20 or DS-2019, with the maximum admission period limited to four years. Nonimmigrants who need additional time to complete their programs would be required to apply to extend their status with USCIS and potentially have their biometrics collected as part of the process, similar to how other nonimmigrants extend their status.
The Proposed Rule also makes the following changes:
F-1 students will be prohibited from extending their F-1 status by enrolling in a new educational program that is the same or lower educational level as their previous F-1 program.
F-1 students cannot transfer to another school within the first year of their studies unless SEVP authorizes an exception, and graduate-level F-1 students cannot change their programs at any point during their studies.
The departure period after completing an F-1 program is reduced from 60 days to 30 days.
Delays in completing an F-1 education program will generally not be an acceptable reason for extending one’s F-1 status. Reasons for these delays include but are not limited to academic probation, suspension, or “a student’s repeated inability or unwillingness to complete their studies.”
F-1 students whose timely filed extension applications remain pending after their status expiration date may receive an “auto-extension” of their on- or off-campus employment authorization for up to 240 days “based on severe economic hardship resulting from emergent circumstances.”
The Trump Administration states that the Rule’s purpose is to increase national security and reduce fraud. However, the new Rule would likely impose a substantial burden on nonimmigrants in these categories with minimal benefit to the United States. The filing fee for the applicable extension application is currently $470 (or $420 if filing online) plus an additional $30 biometrics fee. Further, USCIS usually takes several months to process these types of applications, and processing times would likely become even longer due to the increased volume resulting from this Rule.
Read the Proposed Rule here.
USCIS updates Policy Manual to exclude transgender women from entering the US to compete in women’s sports
On August 4, 2025, USCIS announced that it will be updating its Policy Manual to align with Executive Order 14201, “Keeping Men Out of Women’s Sports,” which directed the Department of Homeland Security to prevent transgender women (who USCIS refers to as male or men) from entering the United States to compete in women’s sports. Effective immediately, the guidance updated visa eligibility guidance for the following visa categories: O-1 nonimmigrants of extraordinary ability, EB-1 immigrants of extraordinary ability, EB-2 immigrants of exceptional ability, and national interest waiver applicants.
Under the new guidance:
USCIS will consider the fact that a transgender woman was competing in women’s sports as a negative factor in determining whether the woman was at the top of her field;
USCIS will consider a transgender woman with acclaim in men’s sports and who seeks to compete in women’s sports to not be seeking to continue work in her area of extraordinary ability;
Transgender female athletes seeking to enter the US to compete in women’s sports will not substantially benefit the United States; and
It will not be in the national interest of the United States to waive the labor certification requirement for transgender women whose proposed endeavor is to compete in women’s sports.
See the USCIS announcement here.
Reminder: recent H-1B Rule extends F-1 cap-gap from October 1 to April 1
If you are an F-1 student planning to transition to H-1B employment, recent changes to the H-1B program may directly impact you.
Earlier this year, the Department of Homeland Security (DHS) implemented a final rule that lengthens cap-gap extensions for eligible F-1 students. The cap-gap extension authorizes an F-1 student who is the beneficiary of a timely filed H-1B cap-subjection petition to remain in the United States past their I-20 expiration date and continue working pursuant to their Optional Practical Training (OPT) while their H-1B petition is pending with USCIS. DHS extended the cap-gap period from October 1 to April 1 of the relevant fiscal year.
See the Department of Homeland Security website here for more information.
Visa Bulletin Update
The Department of State publishes a monthly Visa Bulletin which identifies all immigrant visa “preference” categories and indicates whether a backlog exists for each one. The categories are separated into two charts: a “Final Action” chart and a “Dates for Filing” chart for both family and employment-based immigration.
USCIS determined that for all employment-based preference categories the Final Action Dates chart must be used in September 2025 and that for all family-sponsored preference categories the Dates For Filing chart must be used in September 2025. The EB-2 and EB-3 preference categories remain backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority dates become “current.” A priority date is current when it is earlier than the date listed in the Visa Bulletin.
In the September 2025 Visa Bulletin, the State Department made no changes to the Dates for Filing or Final Action Dates charts. See the September Visa Bulletin here.
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
The H-1B Cap for FY2026 has been reached. Cap-exempt petitions will still be accepted.
USCIS received enough petitions to reach the fiscal year 2026, 65,000 H-1B visa regular cap and the 20,000 H-1B visa cap for beneficiaries with an advanced degree from a U.S. university. USCIS will continue to accept and process petitions from petitioners who are otherwise exempt from the cap, such as colleges, universities, and affiliated non-profits.
See the USCIS announcement here.