President Donald Trump signed a proclamation suspending entry to the U.S. for nationals of 19 countries on June 4, 2025. The proclamation stated that the designated countries are so deficient in their information screening and vetting that a suspension on the entry of nationals from those countries is necessary. “Presidential Proclamation Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Threats” took effect at 12:01 a.m. ET on June 9, 2025.

Nationals of the following countries are fully suspended from entering the U.S. as immigrants or nonimmigrants starting June 9, 2025:

  • Afghanistan
  • Burma
  • Chad
  • Republic of Congo
  • Equatorial Guinea
  • Eritrea
  • Haiti
  • Iran
  • Libya
  • Somalia
  • Sudan
  • Yemen

Nationals of the following countries are partially suspended from entering the U.S. as immigrants or as nonimmigrants on B-1, B-2, B-1/B-2, F, M, or J visas:

  • Burundi
  • Cuba
  • Laos
  • Sierra Leone
  • Togo
  • Turkmenistan
  • Venezuela

The suspension on entry applies to all nationals of the designated countries who are outside of the U.S. on the effective date and do not have a valid immigrant or nonimmigrant visa on the effective date. Visas issued before June 9, 2025, will not be revoked.

Similar to the travel ban under President Trump’s first term, there are exceptions to the suspension on entry in specific circumstances, which include:

  • U.S. Lawful Permanent Residents (“green card holders”);
  • Foreign nationals holding dual citizenship with and traveling on the passport of a country not subject to the suspension;
  • Certain A, C, G, or NATO nonimmigrant visa holders;
  • Athletes, members of an athletic team, coaches, support personnel, and immediate relatives traveling for a major sporting event, such as the World Cup or Olympics;
  • Certain immediate relatives of U.S. citizens;
  • Adoptions;
  • Special Immigrant Visas for Afghanis or U.S. government employees;
  • Immigrant visas for ethnic and religious minorities facing persecution in Iran;
  • Individuals granted asylum, refugee status, or withholding of removal under CAT.

In addition, there are two “national interest” exceptions, where the travel by the individual would:

  • Advance a critical U.S. national interest involving the Department of Justice; or
  • Serve a U.S. national interest at the discretion of the Secretary of State.

The proclamation does not indicate how long the travel ban will remain in effect. Instead, it provides that the State Department will assess whether the travel suspensions and limitations should be continued, terminated, modified, or supplemented 90 days after implementation, and then every 180 days. In the proclamation, the president specifically asked for an evaluation on whether Egypt should be added, so it is likely the list of covered countries will grow.

Important Takeaways for Employers

  • Restrictions on entry to the U.S. will 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.
  • While the travel ban does not revoke immigrant or nonimmigrant visas issued before June 9, 2025, nationals of the designated countries may nonetheless be subject to enhanced inspections by U.S. Customs and Border Protection when seeking admission.

Jackson Lewis attorneys will continue to monitor the situation and provide updates as they become available.

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. Supreme Court has lifted an April 14, 2025, temporary injunction blocking the Department of Homeland Security’s (DHS’s) decision to terminate humanitarian parole for individuals from Cuba, Haiti, Nicaragua, and Venezuela under the CHNV program. Noem v. Svitlana Doe, et al., No. 24A1079 (May 30, 2025).

 U.S. District Court Judge Indira Talwani’s order is stayed pending the outcome of an appeal filed by DHS in the U.S. Court of Appeals for the First Circuit and a decision on a petition for writ of certiorari to the Supreme Court regarding the merits of the case, if one is ultimately sought by either side.

The CHNV program has allowed approximately 450,000 people to live and work legally in the United States.

DHS has not yet provided guidance regarding the status of CHNV parolees in light of the Supreme Court decision.

On May 28, 2025, Judge Talwani ordered DHS to resume processing of parole and reparole applications for individuals covered under the Uniting for Ukraine, Operation Allies Welcome (Afghanistan), Central American Minors Parole, Family Reunification Parole, Military Parole-In-Place, and CHNV Humanitarian Parole.

It is not clear whether DHS will continue to adjudicate parole applications for CHNV beneficiaries in light of the Supreme Court decision. Jackson Lewis attorneys will continue to monitor the situation and provide updates as they become available.

On May 22, 2025, Secretary of Homeland Security Kristi Noem ordered the Department of Homeland Security (“DHS”) to terminate Harvard University’s Student and Exchange Visitor Program (“SEVP”) certification for alleged “pro-terrorist conduct.” SEVP certification enables universities to enroll international students.

The revocation of Harvard’s SEVP authorization has sent shockwaves through the academic community, as it means Harvard would not be able to enroll international students and enrolled students must transfer to another university, obtain some other legal visa status, or depart the U.S. The DHS decision is premised on allegations that Harvard’s leadership has failed to address pervasive antisemitism and pro-terrorist conduct on its campus, as well as accusations of collaboration with the Chinese Communist Party, and failed to cooperate with DHS’s demands for information regarding its students.

On May 23, 2025, Harvard filed suit in U.S. District Court for the District of Massachusetts seeking an injunction on revocation of Harvard’s SEVP certification, alleging that the revocation violates both the U.S. Constitution and Administrative Procedure Act.  On the same day, the District Court issued a Temporary Restraining Order enjoining the U.S. government and its agents, including DHS, from implementing the SEVP termination until there is a hearing on the matter. The Court found that Harvard would face immediate and irreparable injury if the termination takes effect before such a hearing.

If the termination takes effect, the impact of the decision will be substantial. Harvard, which had 6,793 international students enrolled during the 2024-2025 academic year, would face the loss of one quarter of its student population. International students would either have to transfer to other institutions or lose their legal student status in the U.S. by remaining enrolled at Harvard. Termination would have serious financial and academic implications, as international students contribute substantially to Harvard’s revenue and academic scholarship. The university’s leadership has vowed to provide guidance and support to affected students during this tumultuous period.

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

For the second consecutive year, there has been a decline in H-1B lottery registrations according to data published by U.S. Citizenship and Immigration Services (USCIS):

  • Employers submitted approximately 344,000 registrations this year, down 26 percent from last year and the lowest number of registrations in four years.
  • The number of workers with multiple registrations also declined for the second year in a row.

In fiscal year 2024, H-1B lottery registrations hit an all-time high with more than 758,000 registrations, including more than 350,000 workers with multiple registrations. USCIS identified a significant number of unlawful entries by companies trying to game the system.

In response, USCIS revamped its process to select by worker rather than by registration and thereby removed any advantage gained by workers who have multiple registrations. In fiscal year 2025, the number of workers with multiple registrations dropped to 47,314 or about 10 percent of total registrations, and for fiscal year 2026 it dropped to 7,828 or about two percent of the total registrations.

The number of unique employers increased this year, with 57,600 compared to 52,700 last year.

USCIS increased the registration fee from $10 to $215, generating nearly $74 million in registration fees this year.

On May 19, 2025, the U.S. Supreme Court granted the Justice Department’s request to lift U.S. District Court Judge Edward Chen’s March 31 order halting the Department of Homeland Security’s (DHS) rescission of Temporary Protected Status (TPS) for approximately 350,000 Venezuelans.

Under the rescission, announced in a Federal Register Notice on Feb. 5, 2025, Venezuelans who registered for TPS under former DHS Secretary Alejandro Mayorkas’ October 3, 2023, designation of Venezuela for TPS, would have lost their TPS-based work authorizations on April 2, 2025, while TPS itself would have expired on April 7, 2025.

While the language of the Federal Register Notice indicates that Venezuelan TPS holders who registered under the 2023 designation will no longer be work authorized, the Supreme Court specifically noted that its Miscellaneous Order (05/19/2025) does not preclude challenges to any DHS actions that seek to invalidate TPS documents, including work authorizations, with an Oct. 3, 2026 expiration date.

DHS has not yet provided guidance regarding the status of TPS holders who registered under the Oct. 3, 2023, designation and remained employed in the United States beyond April 2, 2025.

DHS has also not provided guidance on the status of TPS holders who registered under the initial May 9, 2021, Venezuela TPS designation. Under the Federal Register Notice, the TPS of individuals who registered under the 2021 designation expires Sep. 10, 2025.

Representatives Maria Salazar (R-FL) and Debbie Wasserman Schultz (D-FL) recently introduced the bipartisan Venezuela TPS Act of 2025, which, if enacted, would provide an 18 month extension of TPS, and a renewal option, for all Venezuelans currently in the United States.

Jackson Lewis attorneys will continue to monitor the situation and provide updates as they become available.

Takeaways

  • The DOJ suit against Illinois to block a new state law argues that Illinois is intruding on federal immigration authority.
  • Illinois’ law requires E-Verify employers to post state notices and give employees advance notice of any Form I-9 inspections, among other obligations not required under federal law.
  • A similar California law (AB 450) was upheld, which suggests Illinois’ employee-notice requirements might survive the DOJ’s challenge.

In its complaint in United States v. State of Illinois, No. 1:25-cv-04811, the U.S. Department of Justice (DOJ) alleges that Illinois’ new E-Verify amendment (SB 508) “encroaches on federal immigration authority” by layering state rules on the employment verification process.

SB 508 amended the Illinois Right to Privacy in the Workplace Act effective Jan. 1, 2025, imposing new obligations on any employer enrolled in E-Verify. Illinois now mandates employee notifications that go beyond federal requirements. For example, employers must display both federal and state E-Verify notices at their workplace and provide written notice to all employees within 72 hours whenever the employer receives notice of a government inspection of I-9 employment eligibility forms. Illinois also requires training for staff who use E-Verify and formal attestations of compliance to the state. Failure to meet these state requirements can trigger state civil fines.

DOJ’s Legal Challenge

The DOJ contends that Illinois is stepping into the federal government’s territory of immigration enforcement. In a press release, officials argue that SB 508 “discourages and complicates the use of E-Verify” by imposing confusing rules and threatening hefty penalties on employers. The complaint asserts that the Illinois law violates the Supremacy Clause of the U.S. Constitution and conflicts with the Immigration Reform and Control Act’s federal scheme for employment verification. DOJ officials caution that Illinois’ advance notice requirements (like alerting employees of government I-9 audits) could undermine federal immigration enforcement, for instance, by giving unauthorized workers warning that they may be losing their positions. Illinois’ law even prescribes the time, place, and manner of employee notifications, which DOJ argues goes beyond what federal law permits.

Comparison to California’s AB 450

California enacted a similar law in 2018. It required employers to notify employees in advance of any I-9 inspections and to share inspection results with affected workers, among other things. DOJ sued California, claiming interference with federal authority. The U.S. Court of Appeals for the Ninth Circuit ruled in 2019 that California’s employee-notice provisions were not preempted by federal law and did not improperly hinder federal immigration enforcement. This suggests that courts allow states some leeway to impose notification and poster rules on employers if those rules don’t directly conflict with federal employer obligations. Illinois’ requirements (including posting a state-prescribed E-Verify notice and giving 72-hour audit notices) resemble California’s and could withstand a preemption challenge.

What Employers Should Know

The DOJ’s lawsuit is in the early stages and does not relieve Illinois employers’ obligations to comply with SB 508. Employers must post the required “Right to Privacy in the Workplace Act” E-Verify notice (available from the Illinois Department of Labor) in your workplace, ensure E-Verify users are trained, and be prepared to promptly notify employees of any government I-9 inspections or E-Verify discrepancies as the Illinois law directs. HR departments should keep a close eye on the DOJ lawsuit.

Jackson Lewis attorneys will provide updates as additional information becomes available.

Takeaways

  • The United States continues to attract the largest share of international graduate students, particularly in STEM fields, but its dominance may be slipping.
  • Other countries are expanding their post-study work options and streamlining their immigration pathways to compete for the world’s best and brightest.
  • U.S. employers seeking to secure international talent should act early and explore retention strategies such as green card sponsorship and STEM OPT extensions.

The United States continues to be a magnet for international students, especially in science and engineering graduate programs, but its dominance is no longer a given. According to a new report from the Association of American Universities (AAU), although U.S. institutions remain top destinations for international doctoral students, particularly in critical STEM fields, the country’s global share of this group is shrinking as other countries invest aggressively in international talent acquisition and retention.

Numbers Are Still Strong, But Trending Down

According to the AAU report:

  • As of 2022, 65% of international STEM doctorate recipients in the United States were still in the country 10 years later.
  • The country’s share of globally mobile students, however, has dropped from 28% in 2000 to just 15% today.
  • Canada, the UK, and Australia are streamlining their permanent residence pathways and marketing their post-study work options more effectively.

Why This Matters for Employers

The U.S. immigration system continues to provide valuable pathways for retaining international talent, including STEM OPT, H-1B visas, and employment-based green card sponsorship. However, the process for any of these can be both lengthy and uncertain. Delays in PERM labor certification and I-140 adjudication often discourage top-tier candidates from committing to long-term employment. Candidates are drawn by other countries that offer faster, more predictable options.

To stay competitive in the global talent market, U.S. employers should consider initiating the green card process earlier than they do now for high-skilled international employees, particularly those working under F-1 OPT or J-1 waiver status. Starting the sponsorship process during OPT or the first H-1B period ensures greater flexibility and security for both the employee and the organization. Employers should also take full advantage of the 36-month work authorization available under STEM OPT extensions and explore alternative pathways such as the National Interest Waiver and STEM-based EB-2 categories, which are increasingly viable for professionals in research and engineering. Staying up to date on visa bulletin trends and processing times is key to making informed and timely sponsorship decisions.

Please contact a Jackson Lewis attorney with any questions about STEM hiring and retention strategies and other workplace immigration matters.

Resources:

Takeaways:

  • Increased Worksite Enforcement: Businesses can expect a surge in ICE raids and I-9 audits at workplaces.
  • Impact on Sanctuary Cities: Federal agents will target sanctuary cities for immigration enforcement operations.
  • Employer Preparedness: Businesses, especially those operating in sanctuary cities, should have an action plan ready for potential ICE enforcement actions.

Tom Homan, President Donald Trump’s border czar, has announced a significant escalation in the administration’s interior immigration enforcement strategy to increase deportation of undocumented immigrants. The initiative involves deploying more federal agents to places of work, particularly those in “sanctuary cities.”

Targeting Sanctuary Cities

Although there is no official definition, in general a sanctuary city limits its cooperation with federal immigration enforcement agencies often to protect undocumented immigrants from deportation. Limited cooperation can take many forms, such as refusing to share information about undocumented immigrants with federal authorities or restricting local law enforcement’s involvement in immigration enforcement. These cities often refuse to detain undocumented immigrants who have not committed serious crimes, which has been a point of contention between local and federal authorities.

Homan’s announcement underscores the administration’s frustration with these jurisdictions. He stated that if federal agents cannot arrest individuals in jails, they will do so on the streets, and if they cannot do so on the streets, they will do so in targeted worksite enforcement operations. This approach is part of the federal government’s broader strategy to expedite removal of undocumented individuals regardless of whether they have committed serious crimes.

Immediate Implications for Employers

Homan outlined a two-pronged approach. First, there will be a higher presence of federal agents in sanctuary cities. This means that Immigration and Customs Enforcement (ICE) agents will be more visible and active in these jurisdictions, conducting operations aimed at identifying and detaining undocumented immigrants.

Second, Homan emphasized worksite enforcement operations. “If we can’t do it in the streets, then we’re going to increase worksite enforcement operations in those sanctuary cities. We’re going to flood worksite enforcement operations,” he said.

Increased Worksite Enforcement

Businesses can expect a substantial increase in I-9 audits and raids at workplaces. Employers should prepare for ICE enforcement actions, including audits of employment records and I-9s, raids, and arrests of undocumented workers and even the employers who hire them. Employers need to prepare well beyond routine I-9 Notices of Inspection from ICE, although I-9 audits are trending up as well.

Employer Preparedness

Employers, especially those in sanctuary cities, should be vigilant and prepared for increased ICE audits and raids and potential business disruptions. Understanding the broader context of the rising enforcement efforts can help businesses navigate the complexities of immigration compliance and enforcement.

Please contact a Jackson Lewis attorney with any questions about preparing for audits, raids, and other workplace compliance issues.

USCIS has published a new version of Form I-9 and effected new updates to the form and E-Verify.

Employers can use the new 01/20/2025 edition date (expiring 5/31/2027) Form I-9, but the following previous versions continue to be valid:

  • 08/01/23 edition date, valid until 05/31/2027; and
  • 08/01/23 edition date, valid until 07/31/2026.

Employers using an electronic version of Form I-9 must update their systems with the new version by 07/31/2026, and E-Verify+ participants will see the 01/20/25 edition date and 05/31/2027 expiration date reflected in Form I-9NG. 

The 01/20/2025 edition date lists “Alien Authorized to work” as an option under Section 1, replaces the word “gender” with “sex” under the description of two List B documents (consistent with the recent changes to the USCIS Policy Manual), and includes a revised DHS Privacy Notice to the instructions.

Additionally, since April 3, 2025, the checkbox “A noncitizen authorized to work” on E-Verify and E-Verify+ has been updated to “An alien authorized to work.” Because employees may be completing prior versions of Form I-9, however, even if an employee selects “A noncitizen authorized to work” on the form, employers must select the checkbox “An alien authorized to work” in E-Verify.

Jackson Lewis attorneys are available to assist in developing strategies to deal with changes in U.S. immigration.