DHS Terminates TPS for Syria and 2021 Designation for Venezuela
On September 8, 2025, the Secretary of Homeland Security Kristi Noem terminated the 2021 designation of Temporary Protected Status (“TPS”) for Venezuela. Secretary Noem’s termination is based on her determination that “Venezuela no longer continues to meet the conditions for the 2021 designation.” This designation was set to expire on September 10, 2025, but Secretary Noem’s termination will not become effective until November 7, 2025. The 2021 designation is one of two TPS designations for Venezuela. Secretary Noem previously attempted to terminate the 2023 designation of TPS for Venezuela, an action that has been ensnared in litigation throughout most of this year.
Secretary Noem also terminated TPS for Syria on September 19, 2025. TPS for Syrians has been active since the Syrian civil war started in 2012. TPS benefits for Syrians will end upon the termination’s effective date of November 21, 2025.
See the USCIS announcement regarding the 2021Venezuelan termination here and the Syrian termination here.
USCIS Announces New Naturalization Civics Test
On September 17, 2025, USCIS announced that it will be implementing a new civics test for naturalization applicants. The new test will consist of 20 questions from a list of 128 potential questions, and applicants must answer at least 12 questions correctly to pass.
The new test requires applicants to remember substantially more information and answer more questions correctly. Under the current test that was implemented in 2008, applicants are asked 20 questions from a list of 100 potential questions and must answer 10 questions correctly to pass.
The new civics test will apply to applicants who file their naturalization applications on or after October 20, 2025. Applicants with currently pending naturalization application or who file their application before October 20, 2025 will be subjected to the 2008 test.
See the USCIS announcement here.
DHS Publishes Proposed Rule Introducing Weighted Selection Process for Cap-Subject H-1B Lottery
On September 24, 2025, DHS published a Proposed Rule to implement a weighted selection process for the H-1B lottery. The proposed regulations seek to favor registrations for “higher skilled and higher paid” nonimmigrants by allocating more registrations to higher-paid workers. DHS would use the four wage levels from the Department of Labor Occupational Employment and Wage Statistics (OEWS) survey to allocate more lottery entries to registrants with higher wages. Registrants with Level I wages would receive one entry, Level II wages would receive two entries, Level III wages would receive three entries, and Level IV wages would receive four entries.
The proposed changes will increase the amount of time needed to prepare and submit each lottery entry, as employers or their immigration attorneys will need to analyze each registrant’s job description and resume in order to match them to an OEWS occupation and therefore determine their wage level. This analysis is usually not completed until after a registrant is selected in the lottery and the employer/attorney submits a Labor Condition Application for the H-1B petition.
The comment period on the Proposed Rule will remain open until November 24, 2025. View the Proposed Rule or submit a comment here.
State Department Eliminates Third Country Nonimmigrant Visa Appointments
On September 6, 2025, the State Department announced that, effective immediately, foreign nationals should only schedule and attend nonimmigrant visa appointments in their country of nationality or residence. Foreign nationals from countries without routine US visa operations are instructed to apply at the embassy or consulate designated for their country on the State Department website. The announcement states that "applicants applying outside their country of nationality or residence should expect to wait significantly longer for an appointment.” Existing appointments will remain valid.
This policy update essentially eliminates third country visa appointments, where foreign nationals were able to schedule interviews in another country they are visiting for work, vacation, or another purpose.
Read the State Department announcement here.
IDC’s Public Comment Opposing Proposed Rule to Eliminate D/S
As shared in our special Immigration News Alert last month, the Trump Administration published a Proposed Rule seeking to eliminate Duration of Status (“D/S”) as an authorized period of stay for F, J, and I nonimmigrants and replacing it with a predetermined maximum period of stay, not to exceed four years. If implemented, international students, researchers, physicians, and others would be required to regularly apply for extensions of status through a USCIS service center. The Proposed Rule would also severely restrict program changes and would prohibit students from continuing their education in the US if their desired program happens to not align with DHS’s idea of typical academic progression.
Iandoli Desai & Cronin joined over 19,000 others in commenting on the Proposed Rule and voiced our strong opposition to the change. Our comment highlighted the numerous issues and challenges with the Rule, including:
Lack of rational justification
Confusion regarding how international travel impacts the authorized period of stay
Administrative duplication and cost burden
Misalignment with educational and medical training cycles
Intrusion into academic decision-making
Likely USCIS service center processing delays
Unreasonable restriction on interdisciplinary studies
Vague extension process and unclear timelines
The Trump Administration must now read, consider, and respond to each substantive comment it received before it can publish a Final Rule on the matter. The Administration’s failure to adequately address each concern could be used later on as grounds for a lawsuit to block the change.
Visa Bulletin Update: October 2025
The Department of State publishes a monthly Visa Bulletin which operates as the “waiting list” for green cards (immigrant visas), with an individual’s Priority Date serving as their place in line. The Bulletin identifies all immigrant visa “preference” categories and indicates whether a backlog exists for that category. When a backlog exists, an individual in that category may not apply for a green card (or “adjust status”) until their Priority Date becomes “current.” A priority date is current when it is earlier than the date listed in the Visa Bulletin. The Bulletin is further separated into two charts. The Final Action Dates chart indicates whether an individual can expect USCIS to make a decision on their application soon, whereas the Dates for Filing chart, if USCIS chooses to use it that month, indicates whether an individual may file their adjustment application and receive the benefits associated with having a green card application pending with USCIS.
In October 2025, USCIS will be using the Dates for Filing chart for both employment- and family-based preference categories. This is a change from last month, during which USCIS used the Final Action Dates chart for employment-based categories and the Dates for Filing chart for family-based categories.
The EB-2 and EB-3 preference categories remain backlogged for all countries. The State Department advanced Priority Dates as follows:
EB-1:
China: 4 months
India: 1 year
EB-2:
Mexico, Philippines, and All Other: 8 months
China: 11 months
India: 10 months
EB-3:
Mexico, Philippines, and All Other: 2 months
China: 13 months
India: 14 months
Other Workers:
Mexico, Philippines, and All Other: 4.5 months
China: 9 months
India: 14 months
See the October 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).
Compliance Reminder: US Department of Labor Announces Project Firewall
On September 19, 2025, the Department of Labor (DOL) launched Project Firewall, an H-1B enforcement initiative in which the DOL will be more proactive in investigating employers for potential H-1B non-compliance, including when no outside complaint has been made but “reasonable cause exists that an H-1B employer [is] [sic] not in compliance.” The Project will also broaden inter-agency partnerships during these investigations.
The Project does not change any employer obligations under the H-1B program, but employers should still expect the DOL and other agencies to be taking much closer looks during investigations.
Read the DOL announcement here.
Trump’s Presidential Proclamation Imposes $100,000 “payment” for New H-1B Entries and Petitions
On September 19, 2025, President Trump signed Presidential Proclamation 10973 “Restriction on Entry of Certain Nonimmigrant Workers,” which became effective on September 21, 2025 at 12:01am EDT. The Proclamation restricts the entry of H-1B nonimmigrants into the United States and restricts decisions on H-1B petitions filed with U.S. Citizenship and Immigration Services (USCIS) unless “accompanied or supplemented” with a $100,000 payment.
After substantial confusion regarding the Proclamation’s language and scope, the Department of Homeland Security (DHS) through USCIS and U.S. Customs and Border Protection (CBP) clarified through two memoranda on September 20, 2025 that the Proclamation applies prospectively to new H-1B petitions filed after the Proclamation’s effective date. The USCIS and CBP memoranda provide that the Proclamation does not apply to:
Beneficiaries of approved H-1B petitions filed before 09/21/25; and
Beneficiaries of H-1B petitions under review with USCIS as of 09/21/25.
In addition, USCIS and CBP stated that individuals with validly issued H-1B visas are able to travel and are not subject to the $100,000 payment requirement for entry.
A September 21, 2025 update to the USCIS website states that the Proclamation “does not change any payments or fees required to be submitted in connection with any H-1B renewals.”
The Department of State states similarly that “The Proclamation’s restrictions on visa issuance and entry apply only to [noncitizens] seeking visa issuance or entry into the United States based on H-1B petitions filed with USCIS after the Proclamation’s effective date of September 21, 2025 at 12:01am [EDT].” (Department of State, “Restriction on Entry of Certain Nonimmigrant Workers” (Sept. 21, 2025), https://travel.state.gov/content/ travel/en/News/visas-news/restriction-on-entry-of-certain-nonimmigrant-workers.html).
There is still substantial confusion surrounding many aspects of this Proclamation, including how the government will receive payments, whether the payment requirement applies to future H-1B petitions which request a change of status, an amendment, or change of employer, whether cap-exempt organizations are also subject, and what criteria DHS will use to exempt individuals, companies, or industries from the payment.
Since the Proclamation took effect, IDC has received reports of H-1B nonimmigrants receiving new H-1B visas from consulates based on previously approved H-1B petitions and entering the U.S. without issue. However, we advise H-1B nonimmigrants to remain cautious of this Proclamation.
To summarize, the current state of the Proclamation is as follows:
USCIS, CBP and DOS have all confirmed that that proclamation does not apply to H-1B petitions filed before 9/21/2025.
USCIS has confirmed that the proclamation imposes no additional fees for H-1B renewals.
DOS has confirmed that the proclamation imposes no additional visa application fee for an H-1B visa which is based on petition filed before September 21, 2025.
CBP has confirmed that the proclamation imposes no entry fee on beneficiaries of H-1B petitions filed before September 21, 2025.
We expect that this Proclamation will almost certainly be challenged in court. We will provide updates as we receive them.
Check and save your I-94 every time you travel internationally.
Your I-94 should be updated by CBP every time you re-enter the United States. Make sure that the details on your I-94 are accurate every time by checking your I-94 on the CBP website the day after your last entry. Save your I-94 for your records and send a copy to your immigration attorney, if applicable. Contact CBP (or your attorney) if you notice an error or CBP fails to update your I-94.
You may access your I-94 on the CBP website here.
Update your address with USCIS every time you move.
All foreign nationals (including Permanent Residents) must update their address with USCIS within ten days of moving by completing Form AR-11. You may either complete the AR-11 electronically through your USCIS online account (USCIS’s preferred method) or by mailing the AR-11 to the address indicated on page two of the form.
For more information on the AR-11, please visit the USCIS website here.