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Takeaways

  • New student visa interviews are temporarily paused as of 05.27.25 to implement enhanced social media and security screening.
  • Applicants with existing appointments are likely not affected, but new applicants will face delays.
  • Consular officers are instructed to scrutinize applicants’ online presence, including private or limited social media accounts or the lack of any online presence.

The U.S. Department of State (DOS) has temporarily paused the scheduling of new visa interviews for international students and exchange visitors applying for F, M and J visas. This directive, effective May 27, 2025, is part of a broader national security initiative to expand social media and security vetting for nonimmigrant visa applicants.

Applicants who have already secured interview appointments are likely not affected by this suspension and should proceed as scheduled. However, new applicants may experience delays until further guidance is issued.

Pursuant to Executive Order 14161, “Protecting the United States from Foreign Terrorists and Other National Security,” and Executive Order 14188, “Public Safety Threats and Additional Measures to Combat Anti-Semitism,” DOS has taken a series of actions to escalate security efforts, including launching their AI-driven “Catch and Revoke” program and announcing plans to “aggressively” revoke visas issued to certain Chinese students. The latest halt in scheduling visa appointments signals a further escalation in scrutiny of nonimmigrant visa applicants.

In a May 30 cable, Secretary of State Marco Rubio instructed consular officers to:

  • Apply “extra vigilance” in screening visa applicants for possible threats to U.S. national security.
  • Consider limited or private social media accounts as potential red flags that reflect “evasiveness and call into question the applicant’s credibility.”
  • Refuse visas if an applicant’s credibility cannot be confirmed.

Although the cable initially focused on applicants traveling to Harvard University, the enhanced vetting is expected to expand to all international students. DOS may announce similar measures for other groups of visa applicants.

International students currently in the U.S. on F-1 status who have been selected in the FY2026 H-1B lottery and have a pending or approved H-1B petition should exercise caution when considering international travel on F-1 status. If such students depart the U.S. without a valid F-1 visa stamp, they may face challenges in obtaining a new visa because of the current pause in interview scheduling. This could result in delays in returning to the U.S.

This policy shift could delay the arrival of new international students for the upcoming academic year and complicate travel plans for current students. Universities and employers should prepare for increased uncertainty in visa processing timelines and advise students accordingly.

Jackson Lewis attorneys will continue to monitor developments.

The U.S. Department of State has unexpectedly updated Consular websites with revised eligibility requirements for Visa Interview Waiver (“dropbox”) appointments.

Effective immediately, dropbox eligibility is limited to applicants renewing a visa in the same nonimmigrant classification that expired within the past 12 months. While no official government announcement has been made, Visa Application Centers (VACs) are reportedly turning away applicants who do not meet the updated eligibility requirements.

What Has Changed?

Previously, applicants were eligible for dropbox processing if they held an approved nonimmigrant visa in any category that had expired within the past 48 months. For example, F-1 students who had obtained an H-1B change of status in the United States could utilize the dropbox process – appearing only to submit biometrics and drop off documents for consular processing. The expanded 48-month eligibility window was introduced during the COVID-19 pandemic to help reduce consular backlogs and was expected to remain in place indefinitely.

Now, it appears that only those whose prior visas in the same category that expired within the past 12 months remain eligible for dropbox processing. Applicants who do not meet this requirement must reschedule for an in-person visa interview or risk being turned away or face processing delays.

Impact on H-1B and Other Nonimmigrant Visa Holders

This change could have significant implications for H-1B, L-1, O-1, and other nonimmigrant visa holders who previously relied on the dropbox processing for visa renewals. Key impacts include:

  • Increased demand for in-person visa appointments at U.S. embassies and consulates.
  • Longer wait times for visa interview scheduling, particularly in high-volume locations.
  • Potential travel disruptions for those who had planned to renew their visa using the dropbox process.

What You Should Do

  • Confirm your eligibility before your scheduled appointment. If your prior visa expired more than 12 months ago or you are applying for a visa in a different category, you may need to reschedule for an in-person interview.
  • Plan for potential delays. Consular wait times are already lengthy, and this policy change may create additional backlogs.
  • Consider Premium Processing for H-1B extensions to help avoid travel disruptions.

We are closely monitoring the situation and will provide updates if and when an official government announcement is made.

If you have questions about your visa renewal or need assistance navigating these changes, please contact your immigration counsel as soon as possible.

For more information, visit Jackson Lewis Immigration Practice Group.

The Department of State is proposing a new rule that would specifically allow third parties (including private attorneys, interpreters, and others) to attend interviews at consulates, embassies, and passport agencies and centers for U.S. citizen services.

These services include but are not limited to appointments for passports, requests for Consular Reports of Birth Abroad (CRBA), and Certificates of Loss of Nationality. The State Department wants to accommodate U.S. citizens who wish to have a third-party with them and believes that most consulates, embassies, and centers have the necessary physical capacity to handle this.

State Department guidance has permitted such third-party attendance in the past, but there have been no specific centralized regulations.

Some consulates, however, have issued detailed guidance. An example is the U.S. Embassy and Consulate in Thailand, which has the following parameters for passport and Consular Report of Birth Abroad appointments:

  • Only one third-party per applicant;
  • An attorney cannot substitute for the applicant;
  • The consular official retains discretion to determine the scope and conduct of the interview;
  • Attorneys are expected to provide guidance before the interview – not during the interview;
  • Attorneys may not engage in legal argumentation during the interview;
  • Third-parties (other than the parent or guardian or a minor child) may not answer questions, summarize, clarify or otherwise interfere with an applicant’s responses;
  • No coaching is allowed;
  • Attendees may not object to questions or instruct the applicant not to answer;
  • Attendees may take written notes, but recording is not allowed; and, of course,
  • Attendees may not be disruptive.

The State Department will be accepting comments on the proposed new rule until September 25, 2023. After the conclusion of the comment period, the Department will issue the final rule and address the submitted comments.

Jackson Lewis attorneys are available to provide advice on all types of consular appointments and services, including third-party attendance at interviews for U.S. citizen services, and will provide updates on the new rule when it is published in the Federal Register.

As 2021 comes to an end, the White House and the Department of State have announced:

  1. South African Travel Restrictions Lifted.

The 14-day travel restrictions on southern African countries will be lifted as of midnight on December 31, 2021. Adopted on November 29th, the restrictions based on spread of the COVID-19 Omicron variant have been in effect for travelers from Botswana, Eswantini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe. The requirements that all travelers to the United States, unless otherwise excepted, must be fully vaccinated and present a negative COVID-19 test taken within one day of travel remain in effect.

  1. New Waivers of In-Person Visa Interviews.

To help ease the nonimmigrant visa backlogs, consular officials will have the discretion to waive in-person interview requirements for some with H-1, H-3, H-4, L, O, P, and Q USCIS-approved petitions until the end of 2022. The eligibility requirements for those who were previously issued a visa in the same category are:

  • No visa refusals, unless the refusal was overcome or waived
  • No apparent or potential ineligibility
  • Must be applying in their country of nationality or residence

For those applying for the first time for the visa category:

  • Must be a citizen or national of a Visa Waiver country
  • No apparent or potential ineligibility
  • Previously travelled to the U.S. on ESTA

The discretionary interview waiver has also been extended until the end of 2022 for certain students, professors, research scholars, short-term scholars, or specialists (e.g., F, M, and academic J applicants), for those applying for H-2 (temporary agricultural or non-agricultural) visas, and for those who are renewing any visas within 48 months of expiration.

Because consular resources and COVID-19 restrictions vary, applicants should check the relevant embassy or consular website to confirm available services.

  1. Expired U.S. Passports Can Still Be Used.

Citizens can continue to use expired U.S. passports to return to the U.S. until March 31, 2022. To be eligible, the individual must:

  • Be a U.S. citizen
  • Be currently abroad
  • Be flying directly to the United States, a U.S. territory, or have only a short-term transit, or connecting flight, through a foreign country on their return to the United States
  • Have been issued and possess an expired, undamaged passport that was originally valid for 10 years or, if 15 years of age or under when the passport was issued, the original validity must be for five years

Jackson Lewis attorneys are available to advise you on these new procedures. We wish you a happy new year!

The USCIS has started conducting in-person interviews for all employment-based adjustment of status (AOS) applicants whose applications were filed on or after March 6, 2017. The AOS will not be approved until after a “successful” interview.

Although there is no formal guidance as yet, there have been some reports on what to expect.

The Process

  • After review, the USCIS Service Centers will send cases to the National Benefits Center (NBC).
  • The NBC will get the case file into an “interview ready state” and generate the interview notice based upon availability at the appropriate local office.
  • The expectation is that interview notices will be sent at least 30 days in advance of the appointment.
  • The case file will be transferred from the NBC to the appropriate local office for the interview.
  • The NBC will try to schedule interviews for family groups together.
  • All dependents will be interviewed, although there may be a waiver for children under 14 years of age.

The Questions

The USCIS announced that “[c]onducting in-person interviews will provide USCIS officers with the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjustment process, and to determine the credibility of the individual seeking permanent residence in the United States.” Applicants can expect to have their credibility tested by the Field Officer regarding any information in their filings including:

  • Work Experience
  • Current Job
  • Educational Background
  • Potential grounds of inadmissibility
  • Maintenance of status
  • Job portability
  • Bona fides of the relationships between any dependents and the principal beneficiary

The subject of the interview is the AOS. In most cases the employer’s underlying I-140 (Immigrant Worker Petition) will have been approved prior to the interview and is not being adjudicated through the interview. However, where work experience or other employment-related facts on which the I-140 was based are called into question, local offices may return the I-140 to the appropriate Service Center for review.

Each applicant, including dependents, will receive their own interview notices. The notices will contain lists of documents to bring to the interview. These notices at least initially will be boilerplate but applicants should expect to be asked to bring the originals of all relevant civil documents, letters and degrees submitted as copies with the filing. Dependents should plan to bring evidence of the bona fides of their relationship with the primary beneficiary. The above-listed issues will impel the production of different types of documentation depending on the circumstances of individual cases. We encourage clients to contact their Jackson Lewis immigration counsel for guidance on appropriate documentation for the interview.

Because of the additional interview workload, delays are expected especially in San Jose, San Francisco, Newark, New York, Houston, Seattle, Chicago, Dallas, Atlanta and Los Angeles. Since the required medical examinations are only valid for one year, applicants may want to consult with their attorneys as to when and where to submit their medical examinations. Depending upon the rules at the time of filing, submission of the medical exams in response to a later agency request or at the interview may be both possible and preferable.

Attorney representation has always been allowed at adjustment of status interviews. Jackson Lewis attorneys have substantial experience preparing applicants for these interviews. Because AOS applications are fact-specific, each application should be reviewed and judged individually by an attorney to identify issues that may need to be addressed at the interview. Once an interview notice is received, please reach out to your Jackson Lewis attorney for an assessment and advice on what to bring and how to prepare.

USCIS spokesperson Carter Langston confirmed that as of October 1, 2017, the employment-based green card process will include an in-person interview.

Formal interviews have been a possibility for employment-based permanent residency applicants. However, for the last 10 years, employment-based green card applicants generally had the interview waived. Historically, in-person interviews were a sign of trouble, indicating additional evidence was needed to be vetted at the interview. Langston reported that this is “part of a comprehensive strategy to further improve the detection and prevention of fraud and security risks to the United States.” He further clarified that conducting in-person interviews will provide officers the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States.

This increase in in-person interviews was part of President Donald Trump’s “extreme vetting” plan outlined his travel ban executive order.

Many employment-based green card applicants have already been in the U.S. for many years as non-immigrants, have been interviewed in-person for temporary visas at U.S. embassies or consulates abroad on numerous occasions, and have often been working for years for the same companies that ultimately have become their green card sponsors. Additionally, USCIS announced that family members of refugees or asylees will be required to have an in-person interview for provisional status. Reinstituting the interview requirements for employment-based applicants and adding requirements for refugees and asylees will amount to more than 100,000 additional applicants a year being interviewed at local USCIS offices. This undoubtedly will increase USCIS backlogs and lengthen the already years-long long process of obtaining a green card or entering as a refugee or asylee.

Jackson Lewis has experience and expertise in preparing clients for immigrant and non-immigrant interviews. If you have questions about the process, please let us know. We will continue to provide updates as more information becomes available about the new requirements.

The U.S. Department of State has announced resumption of student and exchange visitor visa processing, along with expanded digital vetting procedures. The June 18, 2025, press release, “Announcement of Expanded Screening and Vetting for Visa Applicants,” aligns with guidance issued the same day to consular posts in a cable, “Action Request: Expanding Screening and Vetting for FMJ Applicants.” These show a substantial shift in the F, M, and J visa process and that an applicant’s digital presence now carries significant weight in the applicant’s visa eligibility. Applicants can expect the new screening process to slow down visa approvals.

Under the new policy, once an F, M, or J visa applicant is determined to be eligible for nonimmigrant status, they must still be refused under INA § 221(g) to allow for enhanced post-interview vetting of their online presence. This applies to both first-time and returning applicants.

Consular officers are now instructed to thoroughly examine an applicant’s complete online presence, extending beyond social media platforms. Applicants are required to make their social media profiles public, and officers may create their own accounts to view content. If an applicant’s accounts are private or inaccessible, officers are instructed to treat this as a failure to provide required information and assess whether it suggests evasiveness or calls the applicant’s credibility into question.

Additionally, the same officer who interviews the applicant must perform online vetting, and cases may not be referred to fraud prevention or other security units. Officers are also instructed not to operate under any quotas or processing targets, and instead to take the time necessary to determine whether an applicant qualifies for the visa.

The cable states the purpose of online vetting is to identify any potentially derogatory information, including “any indication of hostility toward U.S. citizens, culture, government, institutions, or founding principles as potentially disqualifying.”

Consular posts were directed to implement the new vetting procedures within five business days and to resume scheduling F, M, and J visa interviews. As of early July, implementation continues to be inconsistent. Some U.S. embassies have not yet reopened visa slots, while others have just begun screening social media accounts. Applicants should check their local U.S. embassy or consulate website for updated guidance and appointment availability.

Jackson Lewis attorneys will continue to monitor the situation and provide updates.

The Trump Administration is reportedly finalizing a new travel ban that will prohibit or severely limit the citizens of more than 40 countries from entering the United States.

On Jan. 20, 2025, President Donald Trump signed an executive order (EO) aimed at enhancing vetting procedures. This EO directed the secretary of state, the attorney general, the secretary of homeland security, and the director of national intelligence to jointly submit a recommendation to the president for suspending entry of migrants from “countries of particular concern” within 60 days. The recommendation is expected to be submitted to President Trump soon.

President Trump reportedly is considering implementing a new travel ban that could affect citizens from up to 43 countries. This proposed ban, often referred to as “Trump 2.0 Travel Ban,” is an expansion of the original travel ban from 2017, which primarily targeted seven Muslim-majority countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.

Historical Context

Trump’s 2017 travel ban (Executive Order 13769) targeted Muslim-majority nations and faced significant legal challenges before being upheld by the U.S. Supreme Court in 2018.

Current Developments

An internal administration memo reportedly suggests the inclusion of more countries in the new travel ban. The new ban appears to be a continuation of Trump’s immigration policies aimed at protecting national security and public safety.

While the White House has yet to publicly comment on the reported memo, the proposed new travel ban is expected to have significant implications for global mobility, international collaboration, and U.S. companies. Here are some of the main points:

  • Affected Countries

The proposed ban includes a tiered system with three categories: Red, Orange, and Yellow.

  • Citizens of countries listed in the “RED” category would be completely barred from entering the United States: Afghanistan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.

  • Citizens of countries listed in the “ORANGE” category would face higher scrutiny and would be subjected to “Mandatory in-person interviews” in order to receive a visa: Eritrea, Haiti, Laos, Myanmar, and South Sudan.

  • Countries listed in the “YELLOW” category would be given 60 days to address concerns from the administration or risk being moved to the other categories: Angola, Antigua and Barbuda, Belarus, Benin, Bhutan, Burkina Faso, Cabo Verde, Cambodia, Cameroon, Chad, Democratic Republic of the Congo, Dominica, Equatorial Guinea, Gambia, Liberia, Malawi, Mauritania, Pakistan, Republic of the Congo, Saint Kitts and Nevis, Saint Lucia, Sao Tome and Principe, Sierra Leone, East Timor, Turkmenistan, and Vanuatu.
  • Impact on Employers and Employees

The ban is expected to affect many employers and their employees’ global mobility. Nationals of the restricted or banned countries who are outside the United States when the ban is announced may be unable to return, even with a valid visa stamp. Employees or business visitors from highly restricted countries will face rigorous visa application processes. Additionally, U.S. companies may need to restructure their global workforce, potentially losing international talent and facing higher business costs.

  • Legal and Implementation Challenges

The proposed ban includes different levels of restrictions, which appear to be calculated to deal with expected legal challenges or implementation challenges, including those related to the Equal Protection Clause of the 14th Amendment, due process, and discrimination, as seen with the 2017 travel ban.

As the administration finalizes the details, it is crucial to stay informed about the potential impacts and legal challenges that may arise.

Jackson Lewis attorneys will continue to follow this issue and provide updates on the new policies as they are enacted.

After quietly updating consular websites, signaling a significant change to Visa Interview Waiver (“dropbox”) eligibility requirements, on Feb. 18, 2025, the Department of State (DOS) officially announced the reversion to pre-COVID eligibility standards, reducing the window for dropbox eligibility from 48 months to 12 months. This update follows reports of Visa Application Centers turning away applicants who no longer meet the revised criteria. Effective immediately, only those renewing a visa in the same nonimmigrant category that expired within the past year qualify for the dropbox process.

This shift means more applicants will need to schedule and attend in-person visa interviews, potentially increasing wait times at U.S. consulates worldwide.

If you have questions about your visa renewal or need assistance navigating these changes, please contact your immigration counsel as soon as possible.

For more information, visit Jackson Lewis Immigration Practice Group.

President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his campaign platform, to anticipate upcoming immigration action.

We expect President Trump will take swift action in the following areas through executive orders and policy directives:

  • Reinstatement of USCIS adjudication practices that resulted in increased denials, including the end of deference to prior decisions and expanded discretion in the denial of a petition or application without first requesting clarifying evidence.
  • Termination of certain humanitarian-based programs, including Temporary Protected Status (TPS) and parole programs for Cuba, Haiti, Nicaragua, and Venezuela. The continued status of Deferred Action for Childhood Arrivals (DACA) is uncertain.
  • Increased I-9 audits, worksite investigations, and site visits to verify H-1B and L-1 petition terms.
  • Travel restrictions and extreme vetting in visa interviews.

As his term progresses, Trump is expected to push additional changes to employment-based immigration, which are likely to include:

  • Changes to the H-1B program, such as re-defining “specialty occupation,” increasing wage requirements, and prioritizing H-1B cap registrations based on compensation levels.
  • Restrictions on Optional Practical Training (OPT) currently available to F-1 students engaged in a U.S. program of study.
  • Termination of individual work authorization programs, such as EADs for certain H-4 spouses.
  • Expanded tariffs.

Like what was proposed during his first term, the second Trump Administration may look to make more fundamental changes, such as ending birth-right citizenship and creating a merit-based immigration system focused on workers who possess: valuable skills, job offers, advanced education, ability to create jobs for U.S. workers, higher wages, and financial self-sufficiency. The aim of the proposed merit-based system was to attract high-skilled workers while reducing family-based immigrants. The plan also included protections for American jobs and wages, including recruitment requirements, displacement prohibitions, and wage floors. The proposal gave priority to young applicants, top graduate students from American universities, and those with extraordinary achievement and potential who are likely to contribute to society.

What does this mean for employers?

  • Tougher adjudications: During the first Trump Administration, employers saw a significant increase in the denial of immigration benefits, particularly H-1B, L-1, and O-1 work visa petitions. Employers should be prepared to provide additional documentation for otherwise routine petitions and for lengthier processing times in cases not submitted for “premium processing.”
  • Travel restrictions: Expanded travel bans would greatly hinder business and personal travel for covered workers and employees. Even in an emergency, travelers could find themselves unable to return to the United States. Employers should closely monitor international business travel requirements and carefully plan to avoid disruption from employee travel.
  • Enhanced screening: The further expansion of screening in the visa application process to identify extreme ideological positions and affiliations is expected to cause an increase in visa denials and significant delays in processing. Employers should plan for increased processing times for consular visa applications that could result in employees having to spend longer than expected outside of the United States.
  • Increased worksite investigations and raids: Employers should evaluate onboarding programs and I-9 compliance regularly through training and internal audits and ensure an escalation protocol is in place in anticipation of record number of I-9 audits and potential workplace raids. Employers should also expect an increased number of USCIS, DOJ/IER, and DOL investigations and audits related to employment of non-immigrant and immigrant employees.
  • Changes to the H-1B program: Employers should prepare for higher prevailing wage requirements, which may be prohibitive in both hiring new H-1B workers and continuing employment for existing H-1B workers. Changes in the prevailing wage rules would also impact H-1B1 and E-3 workers, as well as the employer-sponsored permanent residence application process where a labor certification is required.
  • Termination of humanitarian and individual work authorization programs (TPS, DACA, H-4 Spouse EADs): Many recipients of these programs have no other option for work authorization. If these programs are terminated, workers with these statuses will lose work authorization and may no longer be legally employable in the United States, causing disruption to business operations. Employers should anticipate potential loss of these employees, while being careful not to engage in unlawful discrimination.

Some measures require congressional action, while others can be addressed quickly through executive order or policy directive.

Employers should remain in close contact with immigration counsel to plan and develop strategies that make sense for their immigration programs as the second Trump Administration gets under way.