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2025

OMB Completes Review of USCIS Proposal on Weighted Selection of H-1B Cap-Subject Registrants and Petitioners

August 9, 2025
On August 8, 2025 OMB completed its review of the USCIS proposed rule "Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions." The forthcoming proposed rule will likely be similar to a final rule published at the very end of the first Trump administration that would have replaced the current random selection process for H-1B cap-subject registrations with a system that gives preference to higher wage earners. Now that OMB has completed its review, the package will be sent back to USCIS who will then follow procedures to publish the proposed rule in the Federal Register, with a period for public comment. Since this is at the proposed rule stage, a rule would not become final until after the agency reviews public comments on the proposed rule, submits a final rule for OMB review, and then publishes a final rule in the Federal Register with a future effective date.
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OMB Completes Review of DHS Proposed Rule to Eliminate Duration of Status

August 8, 2025
On August 7, 2025 the Office of Management and Budget concluded its review of the DHS/ICE (Department of Homeland Security-US Immigration and Customs Enforcement) proposed rule to end "duration of status" (D/S) for F, J, and I nonimmigrants. DHS will now follow procedures to publish the proposed rule in the Federal Register, with a period for public comment. We don’t know how similar this will be to the September 25, 2020 Trump 1.0 proposed rule of the same title that was withdrawn by the Biden administration, but it is likely to share many similarities. Under the 2020 proposal, instead of being admitted for "duration of status" (D/S) as they currently are (since 1991 for F students and 1993 for J exchange visitors), individuals applying for admission in either F or J status (F-1 students, F-2 dependents, J-1 exchange visitors, and J-2 dependents) would be admitted only until the program end date noted on their Form I-20 or DS-2019 or for 4 years, whichever is shorter, plus a period of 30 days following their program end date, reducing the current regulation's 60-day grace period for F nonimmigrants to only 30 days. The proposed revisions to the J regulations at 8 CFR 214.2(j) closely aligned with the proposed changes for F nonimmigrants. Individuals who needed time beyond their period of admission would have to timely file a complete Form I-539 extension of stay application with USCIS before their prior admission expired.
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Pause of Routine Visa Operations at U.S. Embassy Harare, Zimbabwe

August 7, 2025
In an August 7, 2025 News Alert the Department of State announced that: "Effective, August 7, 2025, U.S. Embassy Harare has temporarily paused all routine visa services. This pause includes applications for immigrant visas as well as nonimmigrant visas for tourists, business travelers, students, exchange visitors, and most other nonimmigrant categories. Concerned visa applicants have been notified. We will update our website when appointment scheduling resumes and inform applicants whose appointments were rescheduled... At this time, no visa appointments can be scheduled at U.S. Embassy Harare.  We will update our website when appointment scheduling resumes and inform applicants directly when they can reschedule."
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Visa Bond Pilot Program for B Visas

August 6, 2025
On August 5, 2025 the Department of State published in the Federal Register a temporary final rule that establishes a one-year pilot program to test a $5K, $10K, or $15K bond system for B‑1/B‑2 visitor visa applicants from countries with high overstay rates or other conditions. Malawi and Zambia are the first two countries to be designated under the pilot, effective August 20, 2025.
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CBP Guidance to Airlines on Male and Female Sex Markers

August 1, 2025
In a July 8, 2025 Carrier Liaison Program Bulletin, U.S. Customs and Border Protection (CBP) instructed airlines (international carriers) that they must submit "M" or "F" in the sex field of the pre-departure information they transmit to to CBP through the Advanced Passenger Information System (APIS), even if the traveler's passport contains a sex indicator other than M or F or does not otherwise indicate the sex of the traveler.
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DOS to Restrict Visa Interview Waivers to B Visas Only Starting September 2, 2025

July 29, 2025
The Department of State announced that starting September 2, 2025 it will narrow its interview waiver policy for visa renewals. Currently, applicants might renew any visa category (e.g., F-1, J-1, H-1B, O-1, etc.) without an interview if their previous visa in the same category expired less than 12 months ago. Under the new policy, only B visa holders and Mexican Border Crossing Card holders will remain eligible for this 12-month interview waiver.
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July 22 HR-1 Fee Rule by USCIS Will Not Yet Implement New Visa Integrity and Form I-94 Fees

July 20, 2025
On July 22, 2025 USCIS will publish a Federal Register notice to implement collection of certain (but not all) of the HR-1 budget law's new immigration fees, effective as of the July 22 publication in the Federal Register. The notice clarifies, though, that the new Visa Integrity and Form I-94 fees will not be collected under the July 22, 2025 notice but rather in separate future Federal Register notices.
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USCIS Announces FY 2026 H-1B Cap Reached

July 18, 2025
On July 18, 2025 USCIS announced that it had "received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2026." See NAFSA's H-1B cap resource page.
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NAFSA lists countries impacted by recent visa reciprocity reductions

July 15, 2025
In early July, 2025 the Department of State revised the visa reciprocity schedules of numerous countries to reduce the validity of visas it issues going forward to 3 months and only a single entry. NAFSA checked the DOS visa reciprocity tables in the B, F, H, J, M, and O visa categories and lists these countries on a new NAFSA page.
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Budget Law Imposes Nonimmigrant "Visa Integrity Fee"

July 7, 2025
H.R.1, the "One Big Beautiful Bill Act" signed into law on July 4, 2025, imposes a new "visa integrity fee" to be paid upon the issuance of any nonimmigrant visa. For fiscal year 2025, the fee will be set at the greater of $250 or an amount established by the Department of Homeland Security (DHS) through regulation, with automatic annual adjustments for inflation beginning in fiscal year 2026. The fee may not be waived or reduced, and all revenues - except those reimbursed under specific conditions - are to be deposited into the U.S. Treasury’s general fund. A reimbursement can be authorized for nonimmigrants who comply fully with the terms of their visa, including avoiding unauthorized employment, and who either depart the United States promptly at the end of their authorized stay or obtain a lawful extension or adjustment of status.
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