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.

Announced in a Federal Register notice published Feb. 5, 2025, DHS Secretary Kristi Noem decided not to extend the 2023 Venezuela Temporary Protected Status (TPS) designation. That designation will expire April 7, 2025.

Secretary Noem had announced on Jan. 29, 2025, that she is vacating former DHS Secretary Alejandro Mayorkas’ Jan. 17, 2025, redesignation of TPS for Venezuela for an additional 18 months. That announcement affects approximately 600,000 Venezuelans currently in the United States with TPS.

The Employment Authorization Documents (EADs) of individuals who registered for Venezuela TPS under the 2023 designation currently expire April 2, 2025. EADs of individuals who registered under the prior 2021 designation, including individuals who registered under both the 2021 and 2023 designations, currently expire March 10, 2025.

We will monitor the situation and provide updates regarding any changes or auto-extensions beyond April 2, 2025, or March 10, 2025, as well as to any legal challenges to the decision not to extend the Venezuela 2023 TPS designation.

The H-1B cap season for Fiscal Year 2026 is quickly approaching. USCIS announced on Feb. 5, 2025, that the registration period for FY 2026 will open at noon (EST) on Friday, March 7, 2025, and close at noon (EST) on Monday, March 24, 2025, and that the registration fee will go up significantly. Employers should begin evaluating their hiring needs and decide if they plan to sponsor foreign workers for H-1B classification this year.

H-1B Cap Registration Process

During the H-1B cap registration period, prospective petitioners and their representatives must use a USCIS online account to electronically register each beneficiary for the selection process and pay the associated registration fee. This year, the FY 2026 H-1B cap registration fee will increase from $10 to $215 per registration.

The H-1B visa is intended for foreign workers in specialty occupations — jobs that require at least a bachelor’s degree (or equivalent) in a specific field. Examples of specialty occupations include careers in architecture, engineering, medicine and health, accounting, and law. Additionally, H-1B beneficiaries must possess the necessary educational credentials for the position.

Eligible H-1B beneficiaries may include recent foreign student graduates present in the United States in F-1 student status and any other foreign professional whether in the United States or abroad.

H-1B Visa Caps

The a statutory cap is 65,000 H-1B visas (regular cap), with an additional 20,000 visas for foreign professionals with an advanced degree from a U.S. academic institution (master’s cap). If USCIS receives more registrations than H-1B visa numbers available, it conducts a random lottery to select the registrants who may be the beneficiary of an H-1B petition. Those selected are notified and provided instructions on where and when to file the H-1B petition. The employer then may file an H-1B petition for each selected worker.

The earliest possible date to request H-1B status in the petition is Oct. 1, 2025, which is the start of federal FY 2026.

Continued Beneficiary-Centric Selection Process

This year, USCIS will continue its beneficiary-centric selection process introduced last year. This approach has helped reduce attempts to gain an unfair advantage in the system and minimized duplicate registrations on behalf of beneficiaries, improving the overall registration and selection process.

  • In FY 2023, USCIS received 483,927 H-1B registrations, including 165,180 registrations for beneficiaries with multiple entries.
  • In FY 2024, the number of registrations surged to 780,884, with 408,891 multiple registrations.
  • In FY 2025, USCIS received 479,953 H-1B registrations, with 47,314 instances of multiple registrations, significantly lower than the previous year.

Preparing for Filing Season

Employers should start preparing for the upcoming H-1B cap filing season by identifying potential candidates for H-1B classification, drafting job descriptions, and determining salary offerings. Taking these steps now will allow for a timely review of each candidate’s eligibility and ensure they are registered within the designated timeframe.

H-1B Modernization Rule

The H-1B Modernization Rule, implemented on Jan. 17, 2025, is still in effect. Introduced under the Biden Administration, the rule offers greater flexibility for employers and foreign workers by modernizing the criteria for specialty occupations, expanding the definition of nonprofit and government research organizations for H-1B cap exemption purposes, and extending the cap-gap period for F-1 visa holders. Even though one of President Donald Trump’s executive orders revoked 78 Biden executive orders, a reversal of this rule would require a formal rulemaking process because this rule was codified in the Code of Federal Regulations. A reversal of the H-1B Modernization Rule, if and when a formal rulemaking process is completed, would be expected to: (1) re-define specialty occupation; (2) increase wage requirements; (3) prioritize H-1B cap registration based on compensation levels; and (4) eliminate deference.

Jackson Lewis’ attorneys are available to assist in navigating the upcoming H-1B cap season and defining strategic options to sponsor foreign workers.

Announced in a Federal Register notice published Feb. 5, 2025, Secretary Kristi Noem decided not to extend the 2023 Venezuela TPS designation. That designation will expire April 7, 2025.

DHS Secretary Noem announced on Jan. 29, 2025, that she is vacating former DHS Secretary Alejandro Mayorkas’ Jan. 17, 2025, redesignation of Temporary Protected Status (TPS) for Venezuela for an additional 18 months. This announcement affects approximately 600,000 Venezuelans currently in the United States with TPS.

Secretary Noem has until July 12, 2025, to decide whether to extend the 2021 Venezuela TPS designation. If not extended, the 2021 designation will terminate Sept. 10, 2025.

Employees with Venezuela TPS may be work-authorized pursuant to facially valid work authorization documents or auto-extensions. They also may be eligible to change to other non-immigrant status, including visitor status and employment-based visa statuses. Work authorizations and eligibility for change of status should be evaluated on a case-by-case basis. Jackson Lewis’ attorneys are available to assist with these evaluations.

During the first Trump Administration, decisions not to extend TPS for several designated countries faced legal challenges and were blocked from taking effect. We will continue to monitor and provide updates regarding any legal challenges to the decision not to extend the Venezuela 2023 TPS designation.

DHS Secretary Kristi Noem announced on Jan. 29, 2025, that she is vacating former DHS Secretary Alejandro Mayorkas’ Jan. 17, 2025, redesignation of Temporary Protected Status (TPS) for Venezuela for an additional 18 months. This announcement impacts approximately 600,000 Venezuelans currently in the United States with TPS.

Former Secretary Mayorkas designated Venezuela for TPS once on May 9, 2021, and a second time on Oct. 3, 2023. Under Secretary Mayorkas’ Jan. 17, 2025, notice, TPS was extended as follows:

  • The 2021 designation expires Sept. 10, 2025. Employment authorization documents for individuals who registered under the 2021 designation expire April 2, 2026.
  • The 2023 designation expires Oct. 2, 2026. Employment authorization documents for individuals who registered under the 2023 designation expire April 2, 2026.

2021 registrants were permitted to register under the 2023 designation. Secretary Noem’s announcement intends to vacate the Jan. 17, 2025, notice.  Following Secretary Noem’s announcement, any 2021 registrants who registered under the 2023 designation will have their 2021 designations restored.

As TPS redesignations or extensions must be made at least 60 days prior to the expiration date, Secretary Noem must decide whether to extend the 2023 designation no later than Feb. 1, 2025, and the 2021 designation no later than July 12, 2025. If no decisions are issued by these deadlines, the designation expirations will revert to those in place prior to Former Secretary Mayorkas’ Jan 17, 2025 redesignation of TPS – April 2, 2025 for the 2023 designation and September 10, 2025 for the 2021 designation. There will be an automatic, final six-month extension of each designation.  

As a result of this announcement, USCIS will no longer accept Venezuela TPS re-registration applications (Form I-821) and Applications for Employment Authorization (Form I-765) filed under former Secretary Mayorkas’ Jan. 17, 2025, redesignation. USCIS will cease processing applications already submitted and return associated filing fees. Additionally, USCIS will invalidate Venezuela TPS work authorization documents, approval notices, and I-94 forms issued with Oct. 2, 2026, expiration dates.

Employees with Venezuela TPS may be work-authorized pursuant to facially valid work authorization documents or auto-extensions. Employee work authorizations should be evaluated on a case-by-case basis. Jackson Lewis attorneys are available to assist with these evaluations.

Jackson Lewis attorneys will continue to monitor this issue and provide updates.

Following his inauguration on Jan. 20, 2025, President Trump issued a number of immigration-related Executive Orders (EOs) sure to have impact on employers and their business operations. So far, the focus in the media has been on border security, asylum, refugees, removal of undocumented aliens (deportation) and birthright citizenship. However, there are other aspects covered by the EOs that will have far more impact on U.S. employers and could potentially impact business operations. While we anticipate court challenges to some or all of the EOs, we anticipate that many of the EOs will withstand litigation and will be implemented substantially. Below is a summary of the EOs:

Banning Birthright Citizenship

This EO directs federal agencies to refuse to recognize U.S. citizenship for children born in the U.S. to mothers in the country without authorization or who are present in the United States on nonimmigrant visas, if the father is not a U.S. citizen or green card holder. The order will deny U.S. citizenship, including passports, to children born in the United States 30 days from Jan. 20, 2025, if at least one parent is not an American citizen or green card holder. It is not clear what immigration status, if any, these children would hold at birth or if these children would be issued U.S. birth certificates.

Please note: Several lawsuits have been filed challenging this EO. Following a suit filed in U.S. District Court in Seattle by the attorneys general of Washington State, Oregon, Arizona and Illinois, Judge John Coughenour enjoined enforcement of this order, calling it “blatantly unconstitutional.”

Potential Impact on Employers if Upheld

  • Increased visa sponsorship costs if the employer covers dependent visa legal and filing fees;
  • Potential travel delays for visa employees traveling with family for holidays or vacations as U.S.-born children will require passports of the parents’ home country, dependent visas issued by U.S. consular posts abroad and outbound visas to visit and transit countries that do not typically require visas for U.S. citizens; and
  • These children will lose lawful immigration status at age 21, the age at which children are no longer deemed dependents for immigration purposes, potentially impacting long-term colleague retention. This could be a particular concern for visa employees from countries like India and China, where foreign-born children often age-out due to lengthy green card backlogs.

Enhanced Visa Vetting

President Trump has signed an order to enhance vetting and screening of undocumented aliens, suspend entry of migrants from countries of particular concern and re-establish a uniform baseline for visa screening and vetting standards and procedures consistent with the baseline that existed during the last Trump administration. During his first administration, President Trump banned travel from countries, including Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen for 90 days with certain exceptions. The bans were challenged in court, but the Supreme Court ultimately upheld them.

Potential Impact on Employers

  • Lengthy visa processing delays related to background checks for traveling work visa employees;
  • Disrupted business travel for citizens of banned countries, preventing them from leaving the U.S. for fear of becoming stranded outside the country;
  • Difficulty filing extension of status and change of status petitions for citizens of these countries; and
  • Disrupted business travel for all visa employees with temporary work visas.

Recission of President Biden’s EO Designed to Limit Requests for Evidence and Denials

One of President Trump’s EOs revoked 78 Biden EOs, including President Biden’s EO Number 14012 (Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans) which established USCIS deference to prior decisions in certain cases, for instance H-1B extensions; streamlined the naturalization process; and reduced the number of Requests for Evidence and denials received by employers and individuals applying for immigration benefits. The Trump EO will lead to reinstatement of USCIS adjudication practices in place during the first Trump administration.

Potential Impact on Employers

  • Increased scrutiny of employer visa petitions and denials, including the end of deference to prior adjudications/decisions;
  • Increased costs and processing times associated with non-immigrant and immigrant visa petitions;
  • Limited number and scope of individuals employers are able to sponsor for immigrant and non­immigrant visas;
  • Disrupted HR and other internal operations;
  • Increased Requests for Evidence, Notices of Intent to Revoke or Deny. Denials can create uncertainty about visa employees’ ability to remain with the business and, in some cases, impact an individual’s work authorization;
  • Anticipated 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 could further limit employers’ ability to sponsor foreign nationals for H-1B visas; and
  • Anticipated restrictions on F-1 Optional Practical Training (OPT), termination of certain work authorization programs, such as H-4 EADs might force employers to reevaluate their talent acquisition pools and strategies.

Potential Recission of Humanitarian Parole and Temporary Protected Status

President Trump signed an EO on enforcement of U.S. immigration laws which, among other focus areas, aims to limit Humanitarian Parole to individuals who demonstrate “urgent humanitarian reasons for a significant public benefit derived from their … continued presence in the United States.” The EO also seeks to ensure “that designations of Temporary Protected Status are consistent with the provisions of section 244 of the INA (8 U.S.C. 1254a), and that such designations are appropriately limited in scope and made for only so long as may be necessary to fulfill the textual requirements of that statute.” Furthermore, the EO seeks to ensure “that employment authorization is provided in a manner consistent with section 274A of the INA (8 U.S.C. 1324a), and that employment authorization is not provided to any unauthorized alien in the United States.”

During President Trump’s initial term, he attempted to terminate TPS designations for Sudan, Nicaragua, Haiti, El Salvador, Nepal and Honduras. These terminations faced court challenges that resulted in injunctions against the termination of TPS designations.

If President Trump attempts to terminate TPS designations for any of the currently designated countries, similar legal challenges and injunctions are anticipated.

Individuals granted Humanitarian Parole and TPS are permitted to live and work in the U.S. in usually granted one-year increments.

Potential Impact on Employers

  • Employees authorized to work pursuant to Humanitarian Parole may be unable to renew their parole and related work authorization or they may receive Requests for Evidence requesting evidence of their need for Humanitarian Parole. (Renewal of Humanitarian Parole is within DHS’s discretion.) Barring legal challenges or work authorization through alternative avenues such as a pending asylum application, these workers may be terminated for lack of work authorization.
  • Workers from countries facing TPS termination would need to monitor pending litigation, including when and how to renew TPS. Relevant information about pending litigation, injunctions and steps DHS takes to comply with injunctions is communicated through Federal Register Notices for each country, available at Temporary Protected Status | USCIS.
  • Employers would need to monitor employment authorization expiration dates, including automatic extensions, for TPS holders that may be impacted by litigation and conduct I-9 re-verifications accordingly.

Creating “Homeland Security Task Forces”

President Trump has signed an EO to establish “federal homeland security task forces” to enable federal, state and local law enforcement to cooperate in removing gang members, criminals and undocumented individuals. The EO also prioritizes execution of the immigration laws against all inadmissible and removable aliens.

We also anticipate increased ICE enforcement actions, including I-9 audits and investigations, employer site visits and raids at workplaces or in immigrant communities to find undocumented workers.

Employers should have an action plan in place in the event of an ICE enforcement action. This is particularly true for employers in industries that employ large numbers of workers who may be undocumented or who have temporary work authorization.

Potential Impact on Employers

  • Worksite disruptions and absences as undocumented workers or those living in mixed-status families may be concerned about coming to work;
  • Workers fear detention under the new Laken Riley Act because they have had prior arrests, have been charged with a crime — even if they have not been convicted, or are under investigation for a criminal offense;
  • In the event of an I-9 audit or investigation, an employer could face civil fines up to $2,789 per form and up to $5,579 for knowingly hiring undocumented workers, for a first offense;
  • Criminal charges and penalties of up to 10 years and fines of up to $250,000 for harboring undocumented workers;
  • Debarment from federal contracts; and
  • Operational disruptions and public relations challenges.

Humanitarian parole programs for individuals from Cuba, Haiti, Nicaragua and Venezuela have been cancelled by President Trump’s Executive Order (EO) on Securing Our Borders. USCIS’s Uniting for Ukraine application process has also been paused. To date, although it has been reported that Afghan refugees have been removed from flight manifests, the Afghan parole program remains active on the USCIS website.

Despite the suspensions, individuals with valid advance parole documents (Forms I-512) may still board flights returning to the United States based upon guidance from the CBP’s Carrier Liaison Program (CLP). The CLP provides guidance to airlines, including guidance on requirements for allowing foreign nationals to board. Airlines are fined if individuals that they allow to board do not have the documentation required to enter the United States. The CLP has stated that the EO does not affect individuals holding valid I-512 Advance Parole documents and they can board airlines returning to the United States. This would also include DACA, TPS and general adjustment of status advance paroles.

Keep in mind that it takes time for guidance to be distributed and implemented. That means there may be confusion at airline counters and at the border. At best, entrance on advance parole is discretionary so individuals should be prepared for long waits, travel with all their relevant documentation and consider avoiding travel that is not necessary until the rules have been “tested.”

Jackson Lewis attorneys will continue to monitor this issue and provide updates as it becomes available.

The U.S. Department of Homeland Security (DHS) has published a notice expanding the ability of Immigration and Customs Enforcement (ICE) to remove individuals deemed unlawfully present in the United States who are unable to prove U.S. residency for at least two years. It states, “This designation is effective on 6:00 p.m. EST on Tuesday January 21, 2025.” The new DHS notice rescinds a Biden Administration notice on the same subject issued on March 21, 2022.

Expedited removal is a process used by ICE to remove individuals from the United States without a hearing before an immigration judge. Traditionally, expedited removal has been used to remove individuals with outstanding removal orders issued by an immigration judge, individuals seeking admission at ports of entry who are found inadmissible, individuals unlawfully present who are found near the border shortly after arrival, and individuals who arrive by sea.

The notice already faces a legal challenge. The American Civil Liberties Union filed a lawsuit in U.S. District Court in Washington, D.C. The suit alleges that the notice violates the Fifth Amendment due process clause, the Immigration and Nationality Act, and the Administrative Procedure Act.

Critics warn that the notice is likely to result in the removal of U.S. citizens, individuals with bona fide fears of persecution in their home countries who have not yet filed asylum claims, and individuals with removal orders that may have been issued in absentia.

Jackson Lewis attorneys will continue to monitor this issue and provide updates.

On Jan. 23, 2025, in a suit filed in the U.S. District Court in Seattle by the attorneys-general of Washington State, Arizona, Illinois, and Oregon to overturn President Donald Trump’s executive order (EO) banning birthright citizenship, Judge John Coughenour enjoined enforcement of the EO, calling it “blatantly unconstitutional.” The judge issued a 14-day temporary restraining order.

Eighteen other states filed a similar lawsuit in Massachusetts federal court. That suit does not seek a preliminary injunction, however.

The EO directs federal agencies to refuse to recognize U.S. citizenship for children born in the United States to mothers in the country illegally, or who are present in the United States on non-immigrant visas, including work, student, and tourist visas, if the father is not a U.S. citizen or green card holder.

The EO seeks to overturn United States v. Wong Kim Ark, 169 U.S. 649 (1898), a U.S. Supreme Court case over a century old holding that children born in the United States to foreign parents are U.S. citizens under the 14th Amendment. Issuing an injunction, Judge Coughenour stated: “I have been on the bench for over four decades. I can’t remember another case whether the question presented was as clear.”

The Laken Riley Act is the first bill that will come to President Donald Trump’s desk for signature as the 47th President.

Passed with bipartisan support, the bill:

  • Mandates the detention and possible deportation of migrants who enter the country without authorization and are charged with, arrested for, or convicted of:
    • Theft-related crimes, including burglary, theft, larceny, and shoplifting
    • Assaulting a police officer
    • Crimes resulting in death or serious bodily injury, including drunk driving that results in death or serious bodily injury
  • Gives states the right to sue the federal government if an individual with uncertain legal status is paroled into the country and commits a crime against a state or an individual (causing physical or financial harm “in excess of $100”)

Three criticisms of the bill are:

  • Individuals (who may be innocent) can be detained and deported even if they have not been convicted of a crime
  • It does not include funding, but enactment will require a significant increase in U.S. Immigration and Customs Enforcement (ICE) capabilities for enforcement and detention facilities, including an estimated cost of $27 billion (up from $3.2 billion) in the first year
    • ICE estimates 110,000 people would be eligible for detention under the bill
    • ICE also believes it would need to expand detention beds to 151,500, up from 41,500
  • It focuses on lesser offenders, making it difficult for ICE to go after more egregious offenders

The Laken Riley bill is named after a Georgia nursing student who was killed by an undocumented immigrant who had previously been convicted of shoplifting. Although research indicates that immigrants commit fewer crimes than those born in the United States, Republicans maintained that if this bill had been in effect, Ms. Riley would not have been murdered.