DHS Rule Eliminates the 540-Day Automatic Extension of EADs
On October 29, 2025, the Department of Homeland Security (DHS) published an Interim Final Rule regarding the automatic 540-day extension of certain Employment Authorization Documents (EADs), if the holder had filed for an extension of the EAD prior to the EAD’s expiration.
29 October 2025
On October 29, 2025, the Department of Homeland Security (DHS) published an Interim Final Rule regarding the automatic 540-day extension of certain Employment Authorization Documents (EADs), if the holder had filed for an extension of the EAD prior to the EAD’s expiration. Starting on October 30, 2025, the rule eliminates the automatic 540-day extension, and requires the holder of the EAD to cease working, if their EAD has expired, until their extension is approved and the new EAD is received. This rule DOES NOT apply to international F-1 students who have timely filed for an Optional Practical Training (OPT) extension under the STEM OPT regulations. F-1 students who timely file for a STEM OPT extension may still continue to work past the end date of the previous EAD, for up to 180 days.
A list of the categories of EAD’s that are no longer eligible for the 540-day automatic extension can be found here, within the Interim Final Rule (IFR).
Revised Policy on Third Country National (TCN) Visa Applications
The U.S. Department of State issued an update regarding visa applications in “third” countries.
10 October 2025
The U.S. Department of State issued an update regarding visa applications in “third” countries. Previously, if a person could show reasonable evidence of why they would need to apply for a U.S. visa in a third country - that is - a country in which they did not reside - the U.S. Consulate would usually allow the application. This has been modified, and applicants are told that they “should” apply for the visa in their home country, and that applying in a third country might be more difficult. This does not mean people cannot try to apply in a third country, but should have a back up plan involving travel to the home country if the visa application is rejected.
More information on applying for visas in third countries can be found on the State Department website, here.
Weighted selection process for H-1B petitions (proposed regulation)
This is a proposed regulation to apply a weighted selection process based on wage levels to determine access to the H-1B lottery program. Instead of a purely random lottery, USCIS would assign more entries to H-1B registrations offering higher wages, based on the Department of Labor’s four wage levels.
24 September 2025
This is a proposed regulation to apply a weighted selection process based on wage levels to determine access to the H-1B lottery program. Instead of a purely random lottery, USCIS would assign more entries to H-1B registrations offering higher wages, based on the Department of Labor’s four wage levels.
Background: The U.S. government limits the number of H-1B work visas allowed to all U.S. for-profit companies each year to 85,000. Non-profit institutions, universities and colleges, are exempt from this annual limit.
Over the last decade, the number of H-1B visa applications have greatly exceeded the allowed number of H-1B visas. In April of 2025, for example, the U.S. received five times more H petitions than there were available H visas. As a result, the government implemented a random lottery system in March of 2020. Sponsoring employers are required to register for a lottery in order to have a chance to gain a slot for filing an H petition.
An H-1B petition must include an analysis of the offered wage based on the requirements of the job and the geographic area. This analysis uses data from the Department of Labor wage database, or other private wage surveys or analysis. Each position is assigned a wage level between 1 and 4 - 1 being entry level and 4 being fully competent. This proposed regulation would change the H lottery from a random process to one that is weighted based on the wage level offered. Petitions offering a Level 4 wage would receive 4 chances in the lottery; Level 3 wages would receive 3 entries; Level 2 wages, 2 entries, and LEvel 1 wages, 1 entry. This would likely skew the results of the lottery to heavily favor the selection of H petitions that were paying higher level wages, and disadvantage petitions that were for entry level positions (even if the entry level wage was high but still categorized as a Level 1 wage).
Prevailing wage information from the Department of Labor can be found here.
You can view the proposed rule here.
Increased social media vetting in some USCIS applications
The U.S. The Department of State (DoS) began scrutinizing social media postings and content of some student visa applicants during the visa application process. USCIS is now implementing a similar policy, to allow scrutiny of social media accounts held by people submitting certain applications.
19 August 2025
The U.S. The Department of State (DoS) began scrutinizing social media postings and content of some student visa applicants during the visa application process. USCIS is now implementing a similar policy, to allow scrutiny of social media accounts held by people submitting certain applications. These would include Adjustment of Status (I-485), Applications to Change or Extend Status, or file for F-1 Reinstatement (I-539).
Data tracking requirement changes for U.S. schools
A proposed regulation was published on September 3, 2025, requiring additional data tracking for the F-1 I-20 form and the sponsoring school’s I-17 form.
September, 2025
A proposed regulation was published on September 3, 2025, requiring additional data tracking for the F-1 I-20 form and the sponsoring school’s I-17 form. The additional fields that would need to be tracked by schools would include
More specific information pertaining to the educational level, degree, program of study, time necessary to complete the program, assigned Classification of Instructional Programs (CIP) code, and mode of instruction - specifically whether the course is online, in a hybrid or low residency format.
Relating to employment and experiential earning, schools would need to report as to whether Curricular Practical Training (CPT) is required by any program of study.
The schools will be able to list differing program costs by degree level, along with other changes relating to reporting on DSO information.
More specific information on financial resources for the student, whether the student is working on campus, or performing other employment or training.
Additional restrictions on allowed visa interview waivers
Effective October 1, 2025, F and J student visa applicants are no longer eligible for visa application interview waivers. Previously, F and J students were able to waive out of the visa interview if they were applying to renew a visa that had expired within the previous 48 months, and they were applying in their home country.
September, 2025
As an update to the visa waiver changes announced in July 2025, effective October 1, 2025, F and J student visa applicants are no longer eligible for visa application interview waivers. Previously, F and J students were able to waive out of the visa interview if they were applying to renew a visa that had expired within the previous 48 months, and they were applying in their home country. This is no longer the case, and students can probably expect to see increasing delays in getting visa application appointments. See here.
Shorter new visas for certain countries
Changes to the Visa Reciprocity tables for certain countries. Changes were made to the duration of visas issued for certain countries, and the number of entries allowed per visa issued.
September, 2025
Changes to the Visa Reciprocity tables for certain countries. Changes were made to the duration of visas issued for certain countries, and the number of entries allowed per visa issued. Check updates here.
Visa interview waiver process revisions
The Department of State issued updated nonimmigrant-visa interview waiver criteria, superseding the interview waiver update from February 18, 2025, and requiring more individuals to have in-person interviews at U.S. Consulates when processing for a visa.
29 July 2025
The Department of State issued updated nonimmigrant-visa interview waiver criteria, superseding the interview waiver update from February 18, 2025, and requiring more individuals to have in-person interviews at U.S. Consulates when processing for a visa. As of September 2, 2025, DOS will require in-person interviews for individuals on F, H-1B, and L visas. See here.
Revised incident reporting requirement
The U.S. State department is amending the reporting requirements for J-1 exchange visitors to include a requirement that the J-1 program sponsors report to the State Department any J-1 who participates in terrorist activities, endorsement of terrorist activities, or antisemitic activities.
July, 2025
The U.S. State department is amending the reporting requirements for J-1 exchange visitors to include a requirement that the J-1 program sponsors report to the State Department any J-1 who participates in terrorist activities, endorsement of terrorist activities, or antisemitic activities. See here.
Proposal for new visa integrity fee
The Budget bill passed in July 2025 included several new visa fees to be implemented at the agency level in the future. These included a new visa application fee of at least $250., and an I-94 fee of at least $24., among others.
July, 2025
The Budget bill passed in July 2025 included several new visa fees to be implemented at the agency level in the future. These included a new visa application fee of at least $250., and an I-94 fee of at least $24., among others. See here.
Travel bans to the U.S.
The U.S. issued travel bans and restrictions for certain countries as published in Presidential Proclamation 10949.
4 June 2025
The U.S. issued travel bans and restrictions for certain countries as published in Presidential Proclamation 10949.
Full restriction on entry: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.
Partial restriction on entry: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela
Additional countries listed later in June that could be subject to restrictions in the future: Angola; Antigua and Barbuda; Benin; Bhutan; Burkina Faso; Cabo Verde; Cambodia; Cameroon; Democratic Republic of Congo; Djibouti; Dominica; Ethiopia; Egypt; Gabon; Gambia; Ghana; Ivory Coast; Kyrgyzstan; Liberia; Malawi; Mauritania; Niger; Nigeria; Saint Kitts and Nevis; Saint Lucia; Sao Tome and Principe; Senegal; South Sudan; Syria; Tanzania; Tonga; Tuvalu; Uganda; Vanuatu; Zambia; and Zimbabwe.
Social media vetting at the State Department
The U.S. State Department issued an announcement regarding mandatory social media vetting for all F, M and J visa applicants – and ended the pause on visa appointments that had been in effect since late May 2025.
June, 2025
The U.S. State Department issued an announcement regarding mandatory social media vetting for all F, M and J visa applicants – and ended the pause on visa appointments that had been in effect since late May 2025. See this link for more information.
The judge in a lawsuit filed in July 2025 relating to whether political opinion can be used in immigration processing has ruled that the Administration's arrests and deportations of international students based on their voicing of political opinions is unconstitutional. See here.
OPT Record Terminations for Unemployment
OPT record terminations for students who exceed the allowed number of unemployed days. SEVP issued a letter to international students who had no reported employment under OPT for more than 90 days.
May, 2025
OPT record terminations for students who exceed the allowed number of unemployed days. SEVP issued a letter to international students who had no reported employment under OPT for more than 90 days. The letter confirmed that the SEVIS record would be terminated based on exceeding the limited number of unemployment days allowed. Learn more here.
US State Department Visa Changes
Pause in student visa appointment scheduling and processing
May, 2025
Pause in student visa appointment scheduling and processing
Published revocations of some Chinese student visas based on Chinese Communist Party (CCP) membership; includes enhanced visa scrutiny
SEVIS Record Terminations
Some SEVIS records were terminated by Immigration Customs Enforcement with no advance notice to students. These were sometimes based on visa revocations by the U.S. State Department.
April, 2025
Some SEVIS records were terminated by Immigration Customs Enforcement with no advance notice to students. These were sometimes based on visa revocations by the U.S. State Department. Following numerous lawsuits filed on behalf of these students, the terminated records were reactivated. For more information, see here.
USCIS Changes on Social Security Card Applications
Application for a new social security card is no longer linked within the I-765 application for a temporary work card. If you are applying for OPT and have not yet applied for or received a U.S. Social Security Number, you will need to process the SSN application separately from the OPT application.
March, 2025
Application for a new social security card is no longer linked within the I-765 application for a temporary work card. If you are applying for OPT and have not yet applied for or received a U.S. Social Security Number, you will need to process the SSN application separately from the OPT application. Information on applying for a social security number can be found on the Social Security Administration website.
USCIS Changes on Social Media Information
USCIS proposes to collect social media information on certain immigration forms to enhance screening and vetting of applicants.
March, 2025
USCIS proposes to collect social media information on certain immigration forms to enhance screening and vetting of applicants. See here.
Updated Registration Requirements
Updated registration requirements for non-immigrants present in the U.S. Most persons admitted to the U.S. through a U.S. Port of Entry have already been registered.
February, 2025
Updated registration requirements for non-immigrants present in the U.S. Most persons admitted to the U.S. through a U.S. Port of Entry have already been registered. Children who were admitted while they were under the age of 14, who then turn 14 in the U.S., are required to be re-registered. See here.
F-1 Cap-gap Period Extended
A new H-1B modernization rule extends the cap-gap period for F-1 students with an approved OPT and a pending or approved H-1B petition by six months, from the previous end date of October 1 to April 1 of the relevant fiscal year.
January, 2025
A new H-1B modernization rule extends the cap-gap period for F-1 students with an approved OPT and a pending or approved H-1B petition by six months, from the previous end date of October 1 to April 1 of the relevant fiscal year. See here.
This is a positive change for students who are approved for a cap-gap extension of their OPT period, who also have a pending or approved H-1B petition. Instead of having the cap-gap OPT extension expire on October 1, the extension will be valid until April 1 of the following year. This is very useful if the H petition doesn’t get approved, or begins, after October 1.
Amended J-1 Skills List
Amended J-1 Skills List: The Department of State updated the J-1 Skills list, removing 37 countries from the list retroactively. This means that J-1 exchange visitors from the removed countries are no longer subject to the 212(e) regulation based on the Skills list.
December, 2024
Amended J-1 Skills List: The Department of State updated the J-1 Skills list, removing 37 countries from the list retroactively. This means that J-1 exchange visitors from the removed countries are no longer subject to the 212(e) regulation based on the Skills list. See here.
A list of the 37 countries which have been removed from the J-1 Skills list can be viewed here.