October 2025 was very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

1. USCIS Issues Dual Memos Impacting Naturalization: Good Moral Character & Neighborhood Investigations 
2. H-1B Visa Overhaul: Key Takeaways for Employers and Institutions 
3. State Department’s November 2025 Visa Bulletin  
4. Navigating the Government Shutdown: What H-1B Workers and Employers must know 
5. Preparing For USCIS’S Mandatory Electronic Payment System starting October 29, 2025 
6. DHS Ends Automatic Extensions of Employment Authorization Documents (EADS) 
7. USCIS Reaffirms Strict Review on Public Charge Determinations

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for October 2025.

USCIS ISSUES DUAL MEMOS IMPACTING NATURALIZATION: GOOD MORAL CHARACTER & NEIGHBORHOOD INVESTIGATIONS 

USCIS has issued two key memos resharing how Good Moral Character (GMC) and Neighborhood Investigations are handled for Naturalization applicants

1. USCIS now emphasizes a holistic, “totality of circumstances” approach in assessing Good Moral Character (GMC), weighing both positive and negative factors.  
2. Positive indicators include community service, family responsibility, education, stable employment, and tax compliance.  
3. Disqualifying acts/ Negative factors includes ranging from serious crimes to repeated DUIs or unlawful voting—remain bars to GMC.  
4. Officers may also assess behavior “contrary to the average citizen,” a subjective and undefined standard that could lead to inconsistent adjudications.  
5. USCIS also reinstates the authority for personal investigations under INA §335(a), allowing discretionary neighborhood, employer, and community inquiries.  
6. Applicants may be asked to provide contact information for references.  
7. Applicants should be prepared to demonstrate positive contributions and anticipate potential field inquiries during the process. 

USCIS ensures that naturalization reflects both allegiance to the United States and alignment with its moral and civic expectations. 

H-1B VISA OVERHAUL: KEY TAKEAWAYS FOR EMPLOYERS AND INSTITUTIONS 

The White House has proposed significant new restrictions to the H-1B visa program, marking one of the most substantial overhauls in years. The Proposed rule, titled “Reforming the H-1B Non-immigrant Visa Classification Program,” seeks to tighten eligibility standards and increase oversight of U.S. employers hiring skilled foreign workers. 

Key proposed changes include: 

1. Narrowing the definition of “specialty occupation,” 
2. Limiting which employers qualify for cap exemptions (impacting universities and research institutions),  
3. Increasing scrutiny of third-party placements, and 
4. Stricter compliance measures and higher penalties for prior violations. 

A separate $100,000 petition fee has already triggered pushback from industries reliant on global talent—particularly healthcare, education, and tech sectors. Supporters argue these reforms will curb abuse and protect U.S. workers, while critics warn they could undermine innovation, research, and competitiveness by deterring highly skilled professionals. 

The rule is currently in ‘Proposed Rule stage’ at OIRA, once published in the Federal Register it will remain open for public comment for period of 30 days or 60 days as determined by DHS.   

While the administration cites worker protection and program integrity, critics warn these changes could impact employers, universities, and skilled professionals. They may face legal challenges similar to prior H-1B reform attempts struck down by courts. 

STATE DEPARTMENT’S NOVEMBER VISA BULLETIN  

The State Department has issued the November 2025 Visa Bulletin – here are the highlights:  

For Family-sponsored filings, the Dates for Filing chart must be used; likewise, for employment-based filings, the Dates for Filing chart must also be used.

For Family-Sponsored Preference Categories (India): 

1. F-1 – Final Action Date (November 08, 2016) remains unchanged; Dates for Filing (September 01, 2017) remains unchanged. 
2. F-2A – Final Action Date (February 01, 2024) remains unchanged; However, Dates for Filing have advanced from (September 22, 2025) to (October 22, 2025).  
3. F-2B – Final Action Date has advanced from (November 22, 2016) to (December 01, 2016); Dates for Filing have advanced from (January 01, 2017) to (March 08, 2017). 
4. F-3 – Final Action Date (September 08, 2011) remains unchanged; Dates for Filing (July 22, 2012) remain unchanged.  

For Employment -Based Preference Categories (India): 

1. EB-1 – Final Action date (February 15, 2022) remains unchanged; Dates for Filing have not changed (April 15, 2023).  
2. EB-2 – Final Action Date (April 01, 2013) remains unchanged; Dates for Filing (December 01, 2013) remain unchanged. 
3. EB-3 – Final Action Date (August 22, 2013) remains unchanged; Dates for Filing (August 15, 2014) remain unchanged. 
4. EB-4 – Final Action (July 01, 2020) remains unchanged; Dates for Filing (February 15, 2021) remain unchanged. Religious Workers category is Unavailable for issuance.  

The DV-2025 annual limit will be reduced to 52,000. 

NAVIGATING THE GOVERNMENT SHUTDOWN: WHAT H-1B WORKERS AND EMPLOYERS MUST KNOW 

The ongoing Federal government shutdown has created uncertainty for H-1B workers and employers alike. While USCIS continues to process already filed H-1B petitions, the Department of Labor (DOL) has stopped issuing Labor Condition Applications (LCAs)—a mandatory step for all H-1B (New/ Transfer/ Amendment) filings. As a result, no new H-1B petitions can be filed until the DOL resumes operations. 

USCIS has, however, acknowledged the shutdown as an “extraordinary circumstance.” This allows for potential excuse of late filings—but only when the delay is directly tied to the shutdown and clearly documented. Employers are advised to proactively prepare all documentation, maintain evidence of delays, and stay ready to file LCAs and petitions immediately once DOL reopens.

For those workers nearing status expiration are advised not to wait but to switch to B-2, H-4, or L-2) before expiry.  This will help in avoid unlawful presence and future immigration complications. Once Federal government function resume, the applicants can switch back the H-1B status and also ensure to withdraw their interim application by requesting for sequential adjudication and maintain their H-1B status under the “last action rule.” 

PREPARING FOR USCIS’S MANDATORY ELECTRONIC PAYMENT SYSTEM STARTING OCTOBER 29, 2025 

Starting October 29, 2025, USCIS will accept only electronic payments, a significant procedural shift that will require Law firms and Petitioners to review, document, and update their payment processes. 

Until now, most Immigration Law Firms/ Petitioners relied on checks, cashier’s checks, or money orders for filing fees. Under the new system, only Automated Clearing House (ACH) transfers or credit/debit card payments will be accepted. Firms should review state bar guidance on whether ACH payments may originate from an IOLTA or client-trust account, as state rules differ on this point 

Recommended Steps for a Smooth Transition: 

1. Use a separate Form G-1450 or G-1650 for each USCIS filing fee, batching fees on one form is not permitted. 
2. Adopt secure payment platforms (e.g., LawPay Smart Spend, Corpay, Extend) that can generate unique, client-specific virtual card numbers. 
3. Do not retain ACH or credit-card forms longer than necessary; redact or delete financial data immediately after submission. 
4. Follow PCI Compliance standards to safeguard client payment information and meet ethical confidentiality obligations. 
5. Maintain a detailed payment log linking each transaction to the correct client and filing to ensure accurate reconciliation, since electronic statements often lack identifying details. 

Note that USCIS will attempt ACH transactions twice before rejection, but will attempt credit-card payments only once, making accuracy and available funds essential. 

DHS ENDS AUTOMATIC EXTENSIONS OF EMPLOYMENT AUTHORIZATION DOCUMENTS (EADS) 

On October 28, 2025, the Department of Homeland Security (DHS) announced an interim final rule ending the automatic extension of Employment Authorization Documents (EADs) for all C-9 Categories. This policy shift is intended to strengthen DHS’s screening and vetting procedures to safeguard public safety and national security. 

Beginning October 30, 2025, individuals filing EAD renewal applications will no longer receive an automatic extension of work authorization, except in limited cases—such as extensions mandated by law or specific Temporary Protected Status (TPS) designations published in the Federal Register. 

The new rule emphasizes more frequent background checks to deter fraud and identify individuals who may pose security risks before authorizing continued employment. DHS and USCIS describe this as a “commonsense measure” that ensures proper vetting is completed prior to extending employment authorization. 

USCIS advises applicants to file renewals up to 180 days before their current EAD expires to avoid potential lapses in work authorization. Any timely submission made before Oct. 30, 2025, will qualify for automatic extension under existing rules. 

This development marks a significant procedural change—replacing convenience-based extensions with a security-driven approach to EAD renewals.

USCIS REAFFIRMS STRICT REVIEW ON PUBLIC CHARGE DETERMINATIONS 

On September 4, 2025, USCIS released a Policy Memorandum emphasizing strict adherence to statutory and regulatory standards when determining whether applicants may become a public charge. The guidance primarily affects Form I-485 filings and reaffirms that decisions must be based on a comprehensive “totality of circumstances” criterion, considering factors such as age, health, financial stability, education, and skills. 

While the Memo introduces no new rules or forms, it underscores heightened scrutiny in adjudications. It signals potential increases in Requests for Evidence or Notices of Intent to Deny, especially regarding Form I-864 Affidavits of Support and related documentation. Applicants found inadmissible may still seek limited relief through statutory waivers or by posting a discretionary public charge bond to prove financial reliability. 

Practitioners should identify potential issues early by confirming exemptions, reviewing public benefit history, and ensuring sponsor eligibility, while clearly presenting the applicant’s income, assets, health, and employability to build a strong case under the totality of circumstances. 

SIGN UP FOR GLF NEWSLETTER   

At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails, and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate facts from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters.    

We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all our earlier GLF Newsletters on our website.  

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On September 19, 2025, the President issued a Proclamation on Restriction on Entry of Certain Nonimmigrant Workers, marking one of the most consequential changes to the H-1B visa program in decades.

The Proclamation states: “Effective 12:01 a.m. EDT on September 21, 2025, certain new H-1B petitions must include an additional payment of USD $100,000 as a condition of eligibility. The measure primarily applies to beneficiaries outside the United States and will remain in effect for 12 months unless extended.”

The Administration asserts that the H-1B program has been “deliberately exploited to replace, rather than supplement, American workers with lower-paid labor.” The stated goal is to ensure that the H-1B program benefits truly high-skilled professionals while protecting the U.S. workforce.

PURPOSE AND LEGAL FOUNDATION

The Proclamation cites Section 212(f) of the Immigration and Nationality Act (INA), which grants the President authority to suspend or restrict entry of noncitizens deemed detrimental to U.S. interests. However, the imposition of a monetary requirement—rather than an entry suspension—has raised serious legal questions.

Legal analysts argue that Section 212(f) authorizes entry restrictions, not fee creation. Critics contend the $100,000 payment functions as a tax—a power reserved to Congress under Article I, Section 8 of the Constitution. The Proclamation’s reliance on Section 212(f) is therefore likely to face judicial scrutiny.

WHO IS SUBJECT TO $100,000 PAYMENT

The Proclamation applies to:

1. New H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the United States who do not hold valid H-1B visas
2. Petitions requesting consular or port-of-entry notification or pre-flight notification
3. Petitions requesting change of status, amendment, or extension, where USCIS later determines the beneficiary is ineligible (e.g., is not in a valid non-immigrant status or if the alien departed the United States before adjudication of change of status request).

This framework creates a clear distinction between workers abroad and those already in the United States. Beneficiaries with valid H-1B visas—even from prior employment—are exempt. Employers must therefore assess visa validity carefully before filing.

WHO IS NOT AFFECTED

The Proclamation does not apply to:

1. Petitions filed before 12:01 a.m. EDT, September 21, 2025.
2. Existing H-1B visa holders or validly approved petitions.
3. Lawful extensions, amendments, or changes of status granted for those inside the United States.
4. Travel and re-entry by individuals already holding valid H-1B visas.

Retaining valid visas provides substantial relief and with travel. Beneficiaries should protect their current H-1B visa stamps, making the transfers easier.

THE CONSULAR PROCESSING/PORT-OF-ENTRY NOTIFICATION

Even if a beneficiary is physically in the United States, selecting “consular processing” or “port-of-entry notification” or ‘pre-flight inspection” on Form I-129 triggers the $100,000 payment.

Employers should avoid checking these boxes unless consular processing is absolutely necessary.  Amending a petition later to add such notifications may retroactively trigger the payment—an issue still unaddressed by USCIS.

CHANGE-OF-STATUS FAILURE SCENARIO

If USCIS denies a change-of-status request (for example, finding the worker out of status), the $100,000 fee must still be paid before the petition can proceed. This introduces extraordinary risk for employers filing change-of-status cases, as an adverse finding could impose retroactive liability.

Given the complexity of status determinations, employers should conduct internal audits and maintain meticulous documentation before filing.

HOW AND WHEN TO PAY

Petitioners must make the $100,000 payment through Pay.gov before filing the petition with USCIS. Proof of payment or proof of exemption from DHS must accompany the initial filing. Petitions filed without this documentation will be denied outright.

Important: Payment confirmation need only show that the transaction was scheduled, not necessarily completed, though USCIS has yet to clarify this nuance.

Employers should factor in extra processing time to:

1. Secure internal approval for the $100,000 expenditure
2. Complete payment on Pay.gov
3. Attach proof of payment or exemption
4. File the petition

EXCEPTIONS GRANTED BY DHS

The Department of Homeland Security may grant limited exceptions where:

1. The H-1B worker’s presence is in the national interest
2. No qualified U.S. worker is available
3. The worker poses no threat to U.S. security or welfare
4. The required payment would significantly undermine U.S. interests

Employers seeking such exceptions must send detailed requests and supporting documentation to H1BExceptions@hq.dhs.gov.

LEGAL CHALLENGE AND IMPLICATIONS

On October 3, 2025, a coalition of universities, healthcare organizations, labor unions, and religious groups filed a lawsuit in the U.S. District Court for the Northern District of California.

The plaintiffs argue that the $100,000 fee violates the separation of powers, misuses Section 212(f), and fails to meet Administrative Procedure Act (APA) standards.

 Courts may issue a preliminary injunction halting the rule’s enforcement. Even if upheld temporarily, Legal and political pressures could force modification before its scheduled expiration in September 2026.

SECTOR-SPECIFIC IMPACTS

Technology: Major tech firms can absorb costs but will restrict H-1B hiring to senior, high-value roles. Startups and mid-sized firms will find the fee prohibitive, potentially shifting innovation offshore.

Education and Nonprofits: Universities, schools, and nonprofits employing specialized faculty or clergy face disproportionate burdens, effectively barring access to needed talent.

Strategic and Practical Considerations

1. Existing H-1B holders: unaffected; maintain visa validity.
2. New filings: consider U.S. presence in other visa categories (F-1, L-1, O-1) before filing H-1B petitions.
3. Employers: evaluate workforce needs early and determine eligibility for national-interest exemptions.
4. Education and nonprofit sectors can request categorical exemptions.

KEY TAKEAWAYS

The $100,000 payment is a substantial procedural and financial change for H-1B employers.

1. Beneficiaries already in the U.S. and maintaining lawful status are shielded from the fee
2. Litigation and policy revisions are expected; employers should remain vigilant for updates
3. Filing timing, visa status, and exception documentation are now critical determinants of eligibility

NEXT STEPS AND GLF GUIDANCE

The Proclamation directs the Secretary of Labor to propose new prevailing wage rules and the Secretary of Homeland Security to prioritize admission of high-paid and high-skilled H-1B workers. These measures signal a broader policy shift emphasizing “quality over quantity” in H-1B admissions.

At GLF, we recommend employers:

1. Review of all planned filings for compliance and timing
2. Evaluate potential exception eligibility
3. Maintain detailed records of status and travel for all H-1B employees
4. Seek legal counsel before any filing to mitigate the risk of denials or retroactive liability

For case-specific questions or guidance on the above matter, please contact: https://gokarelaw.com/contact-us/

SIGN UP FOR GLF NEWSLETTER   

At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails, and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate facts from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters.  

   We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all our earlier GLF Newsletters on our website

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August 2025 was very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

1. Executive Order Limiting Birthright Citizenship and USCIS Implementation Plan
2. DOS Implements Visa Bond Requirement for B1/B2 Applicants from Selected Countries Under New Pilot Program
3. USCIS Implements Stricter Guidelines for Family-Based Petitions
4. CSPA Age Determination Will Now Be Based on Final Action Dates
5. USCIS Expands Discretionary Review for National Security Concerns
6. DOS Updates Dropbox Interview Waiver Requirements
7. USCIS Issues New Guidance on Good Moral Character for Naturalization
8. U.S. Embassy Clarifies INA 221(g) vs. 214(b) Visa Refusals
9. DHS Proposes Fixed Admission Period for F, J, and I Visas
10. USCIS Restores Neighbourhood Investigations for Naturalization

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for August 2025.

EXECUTIVE ORDER LIMITING BIRTHRIGHT CITIZENSHIP: USCIS PREPARES IMPLEMENTION PLAN:

On January 20, 2025, the President signed an Executive Order redefining U.S. birthright citizenship. It excludes automatic citizenship for children born in the U.S. after February 19, 2025, if their mothers were either unlawfully present or in a temporary legal status, and their fathers were neither U.S. citizens nor lawful permanent residents. USCIS released an Implementation Plan on July 25, 2025, defining unlawfully present individuals as those who overstayed or entered without inspection, and lawful but temporary as non-immigrant visa holders, TPS recipients, parolees, and others with time-limited status.

Under the plan, such children would no longer receive automatic citizenship but could register for lawful status based on a parent’s temporary classification like policies for children of foreign diplomats. While currently inactive due to ongoing litigation (Barbara v. Trump), the plan outlines USCIS’s enforcement framework if the court lifts the injunction.

DOS IMPLEMENTS VISA BOND REQUIREMENT FOR B1/B2 APPLICANTS FROM SELECTED COUNTRIES:

The U.S. Department of State has launched a 12-month Visa Bond Pilot Program, starting August 20, 2025, targeting B1/B2 visa applicants from countries with high overstay rates, weak vetting, or citizenship-by-investment programs. Initially applied to nationals of Malawi and Zambia, the program may expand to other countries with 15 days’ notice. Applicants may be required to post a bond of $5,000, $10,000, or $15,000 at the discretion of the consular officer. Approved applicants will receive a single-entry visa valid for 3 months, allowing a maximum 30-day to stay, with entry and exit restricted to designated U.S. airports.

Bond cancellation can be requested within 30 days of U.S. departure or prior to travel. The bond will be cancelled if the applicant does not travel, is denied a visa or entry, departs before their I-94 expires without unauthorized employment, or complies with an approved extension or change of status. The pilot program will remain in effect until August 5, 2026

USCIS IMPLEMENTS STRICTER GUIDELINES FOR FAMILY-BASED IMMIGRATION PROCEDURES:

Effective August 1, 2025, USCIS has updated its Policy Manual to impose more stringent requirements on family based green card petitions. The updates consolidate eligibility standards, filing procedures, and documentary evidence requirements into one cohesive framework. Notably, USCIS will increase scrutiny of multiple or closely related I-130 petitions, with the aim of identifying and preventing fraudulent submissions.

Additionally, the new guidance clarifies when direct consular filing is allowed, especially for U.S. military and government personnel stationed overseas. USCIS may also now mandate in-person interviews for a broader range of cases, even if not previously required. Importantly, USCIS emphasizes that approval of a petition does not guarantee a green card beneficiary who are otherwise removable may still receive a Notice to Appear (NTA)

CSPA AGE WILL NOW BE BASED ON FINAL ACTION DATE EFFECTIVE AUGUST 15, 2025:

Effective August 15, 2025, USCIS has aligned its Child Status Protection Act (CSPA) policy with the Department of State by requiring that age calculations be based on the Final Action Dates chart, rather than the previously permitted Dates for Filing chart. This change removes the flexibility introduced in 2023 and represents a return to a stricter interpretation of eligibility rules.

Under the new guidance, a child’s age will now be frozen based on the Final Action Date in effect at the time of filing Form I-485, Adjustment of Status. While USCIS has indicated that it will consider extraordinary circumstances in cases where applicants missed the one-year deadline to seek to acquire permanent residence, such requests will be reviewed on a case-by-case basis. The change is intended to ensure consistency between USCIS and DOS procedures

USCIS EXPANDS DISCRETIONARY REVIEW TO ADDRESS NATIONAL SECURITY AND ANTI-AMERICAN ACTIVITY

As of August 19, 2025, USCIS has expanded its policy on discretionary reviews for immigration benefits to explicitly target applicants perceived to pose national security threats. The updated guidance states that individuals who have shown support for terrorist organizations, antisemitic groups, or anti-American ideologies may have their applications denied on discretionary grounds.

This policy applies even if such affiliations or views were expressed indirectly, including on social media platforms. USCIS has enhanced its screening tools to identify applicants with problematic associations and will deny benefits where discretion is deemed inappropriate. This represents part of a broader trend toward tightening immigration vetting in response to security concerns.

DOS UPDATES DROPBOX – INTERVIEW WAIVER REQUIREMENTS EFFECTIVE SEPTEMBER 2, 2025:

Effective September 2, 2025, the U.S. Department of State has announced revised eligibility guidelines for the Interview Waiver Program, commonly referred to as Dropbox. Under the new policy, most applicants under the age of 14 or over the age of 79 will now be required to attend in-person visa interviews, with limited exceptions. Furthermore, only B1/B2 visa renewals submitted within 12 months of expiration and certain diplomatic categories (such as A, G, NATO, and TECRO) will continue to qualify for waivers.

Applicants must now apply from their country of nationality or legal residence, must not have had any prior visa refusals, and should have no ineligibility concerns. Although these are the general rules, individual U.S. embassies and consulates may still request in person interviews at their discretion. GLF strongly recommends checking the official website of the U.S. consulate relevant to your jurisdiction before scheduling your visa application

USCIS ISSUES NEW GUIDANCE ON GOOD MORAL CHARACTER FOR NATURALIZATION

In a new policy memorandum (PM-602-0188), USCIS has reinstated a holistic approach to evaluating Good Moral Character (GMC) for naturalization applicants. Officers are now instructed to consider both negative and positive conduct during the review process, rather than relying solely on criminal or immigration violations to make determinations.

While past infractions such as multiple DUIs or instances of fraud may still negatively impact an application, they are not automatically disqualifying if the applicant can provide evidence of rehabilitation. USCIS will now also weigh positive factors such as community service, educational accomplishments, and tax compliance in their evaluations. Applicants are encouraged to submit well-documented proof of their good moral character

U.S. EMBASSY IN INDIA CLARIFIES 221(g) VS. 214(b) VISA REFUSALS

The U.S. Embassy in India has released new guidance to help applicants understand the difference between Section 221(g) and Section 214(b) visa refusals. A 221(g) refusal is typically issued when additional documents or administrative processing are required before a final decision can be made. In such cases, applicants have up to one year to respond with the necessary documentation.

In contrast, a 214(b) refusal is a permanent denial under U.S. immigration law, generally due to the applicant’s failure to demonstrate sufficient ties to their home country. Applicants who receive a 214(b) refusal must start a new application process, including submission of a new DS-160 form and payment of the Machine-Readable Visa (MRV) fee. Understanding these distinctions is essential for planning future visa applications

DHS TO END DURATION OF STATUS FOR F, J, AND I VISAS – NPRM PUBLISHED AUGUST 28, 2025

On August 28, 2025, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would eliminate the traditional Duration of Status (D/S) designation for F, J, and I visa holders. If finalized, this rule would replace the open-ended D/S model with a fixed period of authorized stay based on program length, plus a short grace period.

Students and exchange visitors would be required to file for an extension before their authorized stay expires. The proposed rule is currently open for public comment, allowing stakeholders 30 days to provide feedback. If implemented, this change would significantly alter how these visa categories are managed and monitored in the future.

USCIS RESUMES “NEIGHBORHOOD” INVESTIGATIONS FOR NATURALIZATION CASES

In line with Section 335(a) of the Immigration and Nationality Act (INA), USCIS has resumed conducting in-person neighbourhood investigations for certain naturalization applicants. Officers may request verification letters or testimonials from neighbours, employers, and community leaders to assess the applicant’s eligibility.

These investigations are intended to validate the applicant’s continuous residence, moral character, and attachment to constitutional principles over the five-year statutory period. Previously waived due to resource constraints, these checks will now be carried out at the discretion of USCIS field offices. Applicants should be prepared to present supporting documentation of community involvement and local residency

SIGN UP FOR GLF NEWSLETTER   

At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails, and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate facts from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters.    

We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all our earlier GLF Newsletters on our website.  

The post GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR AUGUST 2025 appeared first on GokareLPO.

From our beginnings to today, Gokare Law Firm has been guided by a commitment to our clients, the relentless pursuit of justice, and the highest standards of service. As we look forward to the years ahead, we remain dedicated to evolving and expanding our impact in the legal field.

To all who joined us and to those who’ve been part of this journey over the years—thank you for your unwavering support. Here’s to many more years of shared success, growth, and service.

– Manjunath Gokare Shilpa Gokare

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August and September 2024 were very active months for US Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous US Immigration matters including: 

1. USCIS Started Implementing the “Parole in Place” Program
2. State Department’s September 2024 Visa Bulletin Summary 
3. State Department’s October 2024 Visa Bulletin Summary
4. Annual Limit has Reached in the EB-2 Category
5. USCIS Extended the Green Card Validity Extension to 36 Months for Green Card Renewals

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for August and September 2024.  

USCIS STARTED IMPLEMENTING THE “PAROLE IN PLACE” PROGRAM 

On August 19, 2024, DHS implemented “Keeping Families Together”, allowing certain noncitizen spouses and stepchildren of U.S. citizens to request “Parole in Place” under existing statutory authority. USCIS began accepting requests from eligible individuals on the same date. DHS estimates that 500,000 noncitizen spouses and 50,000 stepchildren of U.S. citizens could be eligible to access “Keeping Families Together”.  

Individuals must file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. The filing fee is $580, and no fee waiver requests will be accepted. 

If granted parole, these noncitizens may apply for adjustment of status to that of a lawful permanent resident without being required to leave the United States and be processed by a U.S. consulate overseas.  

In order to be eligible for consideration, noncitizen spouses of U.S. citizens must: 

1. Be present in the United States without admission or parole; 
2. Have been continuously physically present in the United States since at least June 17, 2014; 
3. Have a legally valid marriage to a U.S. citizen on or before June 17, 2024; and  
4. Submit biometrics and have no disqualifying criminal history. 

Noncitizen stepchildren: 

1. Have been under the age of 21 and unmarried on June 17, 2024; 
2. Be present in the United States without admission or parole; 
3. Have been continuously physically present in the United States since at least June 17, 2024; 
4. Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before their 18th birthday; and 
5. Submit biometrics and have no disqualifying criminal history. 

STATE DEPARTMENT’S SEPTEMBER 2024 VISA BULLETIN SUMMARY  

State Department issued the September 2024 Visa Bulletin and here are the highlights:  

• Adjustment of Status for Family Sponsored filing must use the Dates of Filing Chart and Employment Based filing must use Final Action Dates chart.  
• Final action dates (October 22, 2015) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India have not changed. 
• Final actions date (November 15, 2021) and Dates for Filing (June 15, 2024) for Family sponsored F2A category India have not changed.  
• Final Action dates (February 01, 2022) and Dates for Filing (February 08, 2022) for EB-1 category India have not changed.  
• Final action dates (July 15, 2012, ) and Dates for Filing (July 22, 2012) for  EB-2 category India have not changed  
• Final action dates (October 22, 2102) and Dates for Filing (November 01, 2012) for EB-3 category India have not changed. 
• Final action dates (January 01, 2021) and Dates for Filing (February 01, 2021) for Certain Religious Workers India have not changed 
• The DV-2024 annual limit will be reduced to approximately 54,843. 

STATE DEPARTMENT’S OCTOBER 2024 VISA BULLETIN SUMMARY  

State Department issued the October 2024 Visa Bulletin and here are the highlights:  

• Adjustment of Status for Family Sponsored filing as well as Employment Based filing must use the Dates of Filing Chart.  
• Final action dates (October 22, 2015) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India have not changed. 
• Final action dates for Family sponsored F2A category India have advanced from November 15, 2021, to November 22, 2021, and Dates for Filing have advanced by a month from June 15, 2024, to July 15, 2024.  
• Final Action dates EB-1 category (February 01, 2022) have not changed, and Dates for Filing for India have advanced from February 08, 2022, to April 15, 2022.  
• Final action dates EB-2 category (July 15, 2012) has not changed, and Dates for Filing for India have advanced from July 22, 2012, to January 1, 2013. 
• Final action dates EB-3 category has advanced from October 22, 2012, to November 1, 2012, and Dates for Filing have also advanced for India from November 01, 2012, to June 8, 2013. 
• Final action dates for Certain Religious Workers are marked as Unauthorized and Dates for Filing for India (February 01, 2021) have not changed. 
• The EB-4 Non-Minister Religious Worker program will become unavailable on September 30, 2024, unless it is reauthorized by legislation. 
• The DV-2025 annual limit will be reduced to approximately 51,350. 

ANNUAL LIMIT HAS REACHED IN THE EB-2 CATEGORY 

The U.S. Department of State on Monday announced that all EB-2 visas for fiscal year 2024 have been issued. The Immigration and Nationality Act (INA) restricts the number of employment-based preference immigrant visas issued each fiscal year. Under INA 203(b)(2), the annual limit for EB-2 visas is set at 28.6 percent of the worldwide employment limit. As a result, no more EB-2 visas will be issued until the new fiscal year on October 1, 2024. 

USCIS EXTENDED THE GREEN CARD VALIDITY EXTENSION TO 36 MONTHS FOR GREEN CARD RENEWALS

USCIS announced that effective September 10, 2024, it would be automatically extending the permanent resident card for 36 months for Lawful Permanent residents who file for an application to Replace Permanent Resident Card (Form I-90). Prior to this announcement, the validity period was a 24-month extension of validity. The extension period is calculated from the date of expiration noted on the green card. Form I-90 receipt notices are updated with the new language for qualifying individuals. On Sept. 10, USCIS began printing amended receipt notices for individuals with a pending Form I-90. The receipt notice can be used alongside the expired Green Card as proof of continued legal status.  

If an individual no longer has a Green Card or additional proof of lawful permanent resident status is needed while awaiting receipt of a replacement Green Card, individuals can request an appointment at USCIS field office. For qualifying individuals, an Alien Documents, Identification, and Telecommunications (ADIT) stamp may be issued following the filing of Form I-90. For mailing address changes while awaiting a pending application, the individual’s USCIS online account should be updated. 

SIGN UP FOR GLF NEWSLETTER 

At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails, and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate facts from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters.  We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all of our earlier GLF Newsletters on our website

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Gokare LPO provides professional US student visa (F-1) services to students with admission at US universities. We understand that the F-1 visa process at US Consulates can be confusing and daunting. Our highly trained team is here to help you seamlessly navigate the F-1 visa process at all US Consulates in India.

We take care of the process from start to finish and our assistance includes:
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The post USCIS HAS RELEASED FY 2025 H-1B REGISTRATION DATA appeared first on GokareLPO.

However we practitioners need to diligently monitor EAD and status expiration to prevent work without authorization.

The post USCIS IMPLEMENTS BATCH PROCESSING OF CERTAIN RENEWAL APPLICATIONS FOR EMPLOYMENT AUTHORIZATION appeared first on GokareLPO.

• Adjustment of Status for Family Sponsored filing must use the Dates of Filing Chart and Employment Based filing must use Final Action Dates chart.

• Final action dates for Family sponsored F1 Category have not changed (February 08, 2015)

• Final actions date F2A category for India have advanced from June 22, 2020, to September 08, 2020. •Filing dates chart for family sponsored F1 Category (September 01, 2017) and F-2A category (September 01, 2023) for India have not changed.

• Final Action dates EB-1 category for India have advanced from October 01, 2020, to March 01, 2021, and the Dates for Filing have advanced from January 01, 2021, to April 01, 2021.

• Final action dates EB-2 category for India have advanced from March 01, 2012, to April 15, 2012, and the Dates for filing (May 15, 2012) have not changed.

• Final action dates EB-3 category India have advanced from July 01, 2012, to August 15, 2012 and Dates for filing have advanced from August 01, 2012 to September 15, 2012.

• Final action dates for Certain Religious workers are marked unauthorized, and Dates for filing have advanced from January 01, 2020, to December 01, 2020.

• The DV-2023 annual limit was reduced to 54,850.

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