We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
DOL Releases May/June 2025 PERM and PWD Processing Times Update
The U.S. Department of Labor (DOL) has published its latest updates on the processing times for PERM labor certification applications and prevailing wage determinations (PWDs), offering key insight for employers and immigration attorneys navigating employment-based green card sponsorships.
As of June 9, 2025, the DOL is reviewing PERM applications that were filed in February 2024 or earlier. Notably, the agency has marked “N/A” for audit processing times, suggesting a shift in practice from traditional audits to more flexible Requests for Information (RFIs), which can be resolved faster but are not currently tracked in public processing metrics. Reconsideration requests for PERM denials are being processed if they were submitted in March 2025 or earlier.
On the PWD front, the May 31, 2025 report shows that the DOL is issuing prevailing wage determinations for:
- PERM OEWS-based requests filed in February 2025
- PERM Non-OEWS requests filed in December 2024
- H-1B OEWS-based requests filed in February 2025
- H-1B Non-OEWS requests filed in January 2025
In addition, redetermination requests for both PERM and H-1B cases filed in February 2025 are under review, as are Center Director review requests submitted in October 2024.
Employers and stakeholders are encouraged to monitor these updates via the official DOL Foreign Labor Application Gateway (FLAG) system to track case progress and plan accordingly.
July 2025 Visa Bulletin Update: USCIS to Honor Final Action Dates for Employment-Based Green Cards
The U.S. Department of State has released the July 2025 Visa Bulletin, and U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will apply the Final Action Dates chart to all employment-based adjustment of status applications next month. This decision allows eligible applicants whose priority dates are current under the Final Action Dates chart to proceed with green card filings or receive adjudication decisions.
Key Highlights from the July 2025 Final Action Dates:
EB-1:
- India: February 15, 2022
- China: November 15, 2022
- All other countries: Current
EB-2:
- India: January 1, 2013
- China: December 15, 2020
- All other countries: October 15, 2023
EB-3 Professionals and Skilled Workers:
- India: April 22, 2013
- China: December 1, 2020
- Philippines: February 8, 2023
- All other countries: April 1, 2023
EB-3 Other Workers:
- India: April 22, 2013
- China: May 1, 2017
- All other countries: July 8, 2021
EB-4 (Religious Workers and Certain Other Categories):
- All countries: Unavailable
Note: The EB-4 annual limit for FY 2025 has been reached. The category will reopen with new visa numbers on October 1, 2025.
EB-5 Unreserved (Regional Center and Non-Regional Center):
- India: May 1, 2019
- China: January 22, 2014
- All other countries: Current
EB-5 Set-Asides:
- Rural, High Unemployment, and Infrastructure categories: Current for all countries
This month’s bulletin provides continued opportunities for applicants from most countries in EB-1 and EB-5 set-aside categories, while backlogs remain for India and China in EB-2 and EB-3. Stakeholders should ensure timely filings and consult with legal counsel to maximize eligibility under current cutoff dates.
DHS Announces Termination of Temporary Protected Status for Nepal
The U.S. Department of Homeland Security (DHS) has officially announced the termination of Temporary Protected Status (TPS) for Nepal, ending a decade-long designation that has provided humanitarian relief to thousands of Nepali nationals living in the United States. According to the Federal Register notice, the TPS designation will expire on June 24, 2025, with a 60-day transition period granted through August 5, 2025, at 11:59 P.M. local time.
Background on Nepal’s TPS Designation:
Nepal was first granted TPS on June 24, 2015, following the devastating 7.8-magnitude earthquake that struck the country in April of that year. The designation was extended multiple times, including under court orders that blocked the Trump administration’s 2018 attempt to terminate the program. In June 2023, the Biden administration formally rescinded the prior termination and extended TPS through June 24, 2025.
However, in a shift consistent with broader policy changes under the Trump administration’s second term, DHS Secretary Kristi Noem stated that conditions in Nepal no longer warrant a TPS designation, thereby justifying its termination.
Employment Authorization and EAD Validity:
DHS confirmed that Nepali TPS holders remain employment-authorized during the transition period. Accordingly, the agency has automatically extended the validity of certain Employment Authorization Documents (EADs) through August 5, 2025. Eligible EADs must list either Category A-12 or C-19 and a “Card Expires” date of:
- June 24, 2018
- June 24, 2019
- March 24, 2020
- January 4, 2021
- October 4, 2021
- December 31, 2022
- June 30, 2024
- June 24, 2025
Employers must reverify employment eligibility and update I-9 records to reflect the extended expiration date.
Legal and Advocacy Implications:
Advocacy organizations have already launched legal challenges to recent TPS terminations for Afghanistan and Cameroon, and a similar lawsuit may follow in response to the Nepal decision. Critics argue that the conditions in Nepal—including economic instability and vulnerability to natural disasters—still justify continued humanitarian protection.
Nepali TPS beneficiaries and their employers are advised to consult immigration counsel immediately to explore options such as adjustment of status, asylum, student visas, or employment-based sponsorship where applicable. Further legal developments may affect the final outcome of the termination.
For updates, stakeholders should monitor the Federal Register and the USCIS TPS page.
Nepal TPS Change of Status Guide: Critical Options Before August 5, 2025
URGENT: Nepal’s Temporary Protected Status (TPS) designation terminates on August 5, 2025 at 11:59 PM. Nepali nationals currently holding TPS must take immediate action to secure alternative immigration status or face removal proceedings. This guide outlines the primary pathways for changing status to nonimmigrant visas, immigrant visas, or asylum protection.
Background: Nepal TPS Termination:
The Department of Homeland Security (DHS) has officially terminated TPS for Nepal, effective August 5, 2025. This decision follows a comprehensive review concluding that conditions in Nepal have stabilized sufficiently since the 2015 earthquake that originally triggered the TPS designation.
Key Dates:
- Current TPS Expiration: August 5, 2025 at 11:59 PM
- Work Authorization End: Same date as TPS termination
- Filing Deadline: Applications must be submitted well before the termination date to ensure processing
Option 1: Change to Nonimmigrant Status:
Form I-539: Application to Extend/Change Nonimmigrant Status
Eligible Nonimmigrant Categories:
- Student Status (F-1/M-1): Must have acceptance from a SEVP-certified school
- Tourist/Business Visitor (B-1/B-2): For temporary visit
- Religious Worker (R-1): For qualifying religious positions
- Specialty Occupation Worker (H-1B): Requires employer sponsorship and available quota
- Intracompany Transferee (L-1): For employees of multinational companies
Filing Requirements for I-539:
Essential Documents:
- Form I-539 with current edition date (02/27/25 as of May 2025)
- Filing fee (check current USCIS fee schedule)
- Evidence of eligibility for requested status
- Proof of maintained lawful status
- Supporting documentation specific to the visa category
Critical Considerations:
- File before August 5, 2025, while TPS remains valid
- Demonstrate intent to maintain temporary status (except for dual intent visas)
- Show financial support for the requested period
- Provide evidence of ties to home country for temporary statuses
Processing Times and Strategy:
- Current processing times vary by service center (typically 6-12 months)
- Consider premium processing where available
- File as early as possible to avoid last-minute complications
Option 2: Adjustment to Permanent Resident Status:
Form I-485: Application to Adjust Status to Permanent Resident:
Eligibility Requirements:
- Must have an approved immigrant petition (I-130, I-140, etc.)
- Priority date must be current
- Must be eligible to adjust status in the United States
Common Pathways:
- Family-Based: Through U.S. citizen or permanent resident family members
- Employment-Based: Through employer sponsorship
- Diversity Visa: If selected in the lottery
- Special Immigrant Categories: Including religious workers, certain international organization employees
Filing Process (Required Forms and Documents)
- Form I-485 with supporting evidence
- Medical examination (Form I-693)
- Affidavit of Support (Form I-864) if required
- Employment authorization and travel document applications (if desired)
- Biometrics appointment attendance
Timing Considerations:
- Must file before TPS expires on August 5, 2025
- Adjustment applications can provide protection from removal during processing
- Consider concurrent filing if immigrant petition is not yet approved
Option 3: Asylum Application:
Form I-589: Application for Asylum and for Withholding of Removal
Critical Advantage for TPS Holders:
TPS “stops the clock” on the one-year filing deadline for asylum applications. This means if you had less than one year remaining when you obtained TPS, you may still be eligible to file for asylum.
Eligibility Requirements:
- Must demonstrate persecution or well-founded fear of persecution
- Persecution must be based on:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
- Must file within one year of arrival (subject to exceptions and TPS clock-stopping)
Filing Process (Required Forms and Documents)
- Form I-589 (current edition 02/27/25)
- Detailed personal statement
- Country condition evidence
- Supporting documentation of persecution or fear
- Witness statements if available
- Medical/psychological reports if relevant
Strategic Considerations:
- No filing fee required for initial asylum application
- Can include spouse and unmarried children under 21
- Provides path to permanent residence after one year if granted
- Work authorization available 150 days after filing (with additional requirements)
Option 4: Other Protection Options:
Withholding of Removal:
- Higher standard of proof than asylum
- Available even if one-year deadline has passed
- Does not lead to permanent residence
Convention Against Torture (CAT) Protection:
- Protection from torture by government or with government acquiescence
- No deadline for filing
- Does not provide path to permanent residence
Deferred Action
- Prosecutorial discretion option
- Temporary relief from removal
- Case-by-case determination
Critical Filing Deadlines and Timeline:
Recommended Action Timeline:
Immediate (By July 1, 2025):
- Consult with qualified immigration attorney
- Gather all necessary documentation
- Determine best pathway based on individual circumstances
- Begin preparation of applications
By July 15, 2025:
- Complete and review all application forms
- Obtain required supporting documents
- Schedule medical examinations if needed for I-485
- Prepare filing fees
By July 31, 2025:
- Submit all applications to USCIS
- Obtain receipt notices
- Follow up on any filing issues
August 5, 2025:
- TPS designation terminates
- Must have alternative status or pending application
Important Legal Considerations:
Maintaining Status During Transition:
- File applications before TPS expires
- Pending applications may provide protection from removal
- Avoid travel outside the U.S. without proper authorization
- Continue to renew work authorization if eligible
Documentation Requirements:
- Maintain copies of all filed documents
- Keep receipt notices for all applications
- Document any changes in circumstances
- Preserve evidence of continuous residence and presence
Professional Legal Assistance:
Given the complexity and high stakes involved, seeking qualified legal representation is strongly recommended. An experienced immigration attorney can:
- Evaluate eligibility for different options
- Prepare strong applications
- Navigate procedural requirements
- Represent you in proceedings if necessary
Common Pitfalls to Avoid:
- Waiting Until the Last Minute: Applications take time to prepare properly
- Filing Incomplete Applications: Missing documents can cause delays or denials
- Choosing Wrong Strategy: Each option has different requirements and benefits
- Failing to Maintain Status: Avoid actions that could jeopardize pending applications
- Not Seeking Legal Help: Immigration law is complex and consequences are severe
Resources and Next Steps:
Government Resources:
- USCIS official website (uscis.gov)
- Form instructions and current fee schedules
- Processing time information
- Legal services directory
Preparation Checklist:
- Identify best pathway for your situation
- Gather all required documentation
- Complete application forms accurately
- Calculate filing fees
- Schedule medical exam if needed
- Consult with immigration attorney
- File applications before deadline
Conclusion:
The termination of Nepal TPS on August 5, 2025, creates an urgent situation requiring immediate action. While multiple pathways exist for obtaining alternative immigration status, each has specific requirements, deadlines, and procedures that must be carefully followed.
The key to success is acting quickly, preparing thoroughly, and seeking professional guidance when needed. Failure to secure alternative status before the August 5 deadline could result in removal proceedings and loss of the ability to remain lawfully in the United States.
Remember: This guide provides general information only. Immigration law is complex and individual circumstances vary significantly. Always consult with a qualified immigration attorney for advice specific to your situation.
USCIS Issues New Policy Guidance to Tighten Review of Disability Exceptions in Naturalization Process
U.S. Citizenship and Immigration Services (USCIS) has issued updated policy guidance aimed at strengthening the review process for Form N-648, Medical Certification for Disability Exceptions, used by naturalization applicants seeking exemption from English and civics testing requirements due to medical conditions. The updated guidance is effective immediately and applies to all Forms N-648 filed on or after June 13, 2025.
Key Policy Changes:
Under the new policy, USCIS will increase scrutiny of Form N-648 submissions to ensure that:
- Disability certifications are credible and medically substantiated, and
- Fraudulent or unsupported claims are identified and prevented, thereby preserving the integrity of the naturalization process.
USCIS emphasized that the presence of a medical condition alone is not sufficient to qualify for the disability exception. Medical professionals must clearly explain how the condition directly prevents the applicant from fulfilling the English and/or civics requirements for naturalization.
Enhanced Fraud Detection Measures:
The guidance also warns that submission of multiple Forms N-648 concurrently—a practice sometimes used by applicants seeking multiple opinions—may trigger concerns about credibility and lead to heightened scrutiny or denial of the request.
These updates reflect concerns over long-standing abuse of the N-648 process, where false certifications by medical professionals have led to the naturalization of individuals who did not actually qualify for the exception. According to USCIS, such practices undermine both the disability waiver program and the overall integrity of the immigration system.
Alignment with Executive Orders:
The revised policy aligns with:
- Executive Order 14148, which rescinds prior immigration-related policies deemed harmful to the system’s fairness and integrity, and
- Executive Order 14159, focused on enhancing national security and protecting against immigration system abuse.
Applicants and legal representatives are advised to review the new guidance in Volume 12 of the USCIS Policy Manual and ensure that all future N-648 submissions meet the heightened standards. Medical professionals should be prepared to document clear and specific evidence connecting the applicant’s condition to their inability to meet naturalization requirements.
USCIS Issues Over 26,000 NTAs Under New Enforcement Policy Since February 2025
In a major expansion of interior immigration enforcement, U.S. Citizenship and Immigration Services (USCIS) announced that it has issued over 26,700 Notices to Appear (NTAs)—the first step in initiating removal proceedings—since the agency released updated guidance on February 28, 2025.
The revised policy implements President’s Executive Order “Protecting the American People Against Invasion”, and is part of a broader effort to restore the integrity and enforcement of the U.S. immigration system.
Key Enforcement Updates:
- USCIS is now generally defaulting to issuing NTAs following the denial of immigration benefits for individuals without lawful status in the U.S.
- The new policy has resulted in an average of:
- 1,840 NTAs per week
- 500 NTAs related to asylum applications weekly
- 100 NTAs in TPS-related cases weekly
USCIS reports that these measures represent a 2,811% increase in fraud-related NTAs compared to monthly averages under the previous administration.
“Under the leadership of President Trump’s and Secretary Noem, we have returned to commonsense NTA policies,” said USCIS spokesman Matthew Tragesser. “This update has helped USCIS enforce existing immigration laws by once again issuing NTAs to removable aliens in the United States.”
USCIS and ICE Coordination:
In addition to processing immigration benefits, USCIS is now actively supporting ICE operations by providing personnel to assist with enforcement and removal actions. This shift aligns USCIS more closely with interior enforcement priorities and deterrence strategies.
The agency has also increased screening and vetting across benefit applications, with a focus on identifying fraud, unlawful presence, and ineligibility. These efforts are designed to reduce perceived exploitation of the U.S. immigration system, particularly in humanitarian and TPS categories.
Implications for TPS Holders and Benefit Applicants:
The revised guidance does not alter NTA procedures required by statute or regulation, nor does it change how NTAs are issued in DACA cases. However, the new policy opens the door to NTA issuance following TPS terminations—a concern for nationals of countries such as Nepal, whose TPS designation was recently rescinded.
USCIS emphasized that TPS recipients with no other lawful status after program termination may be subject to removal. These individuals are encouraged to depart the U.S. voluntarily and report their departure using the CBP One mobile app.
Bottom Line: The return to aggressive NTA issuance signals a sharp pivot in immigration enforcement policy. Applicants and legal representatives should prepare for increased scrutiny, especially in cases involving denied benefits, TPS expirations, or asylum filings. It is strongly advised to consult immigration counsel to explore alternative forms of relief or lawful status while USCIS intensifies its enforcement posture.
USCIS Updates Policy on Disclosure of Derogatory Information in Immigration Decisions
U.S. Citizenship and Immigration Services (USCIS) has issued new policy guidance clarifying how it handles the disclosure of derogatory information when making adverse decisions on immigration benefit requests. The update, published in the USCIS Policy Manual on June 12, 2025, is effective immediately and applies to all pending and future applications and petitions.
Key Provisions of the Updated Policy:
Under the new guidance, USCIS affirms its commitment to procedural fairness by generally providing applicants or petitioners with:
- A detailed description of any derogatory information that they are not already aware of, if such information will be used as the basis for a Notice of Intent to Deny (NOID), Request for Evidence (RFE), or Notice of Intent to Revoke (NOIR).
This change aims to ensure that benefit requestors have a fair opportunity to respond to negative information that may affect the outcome of their case.
Exceptions to Disclosure:
While transparency is emphasized, the policy also outlines certain exceptions where disclosure may not be permitted, including:
- Classified, sensitive, or privileged information
- Information subject to statutory protections (such as law enforcement-sensitive data or protected informant identities)
- Information obtained from third-party records or otherwise restricted by law
In such cases, USCIS may withhold the source or specific details of the information while still providing a sufficient basis for the applicant to respond meaningfully.
Impact on Immigration Benefit Requestors:
This guidance provides clearer expectations for individuals and legal representatives responding to negative findings by USCIS. It also reinforces the agency’s procedural obligations and offers greater transparency in the adjudication process—while balancing the need to protect sensitive government interests.
Applicants and attorneys should carefully review all NOIDs, RFEs, and NOIRs issued after June 12, 2025, to identify whether previously undisclosed derogatory information has been raised, and to assess whether it complies with the new policy standards.
Nationality-Based U.S. Travel Ban for 19 Countries Now in Effect
President Trump’s controversial Proclamation on Nationality-Based Visa Restrictions, signed on June 4, officially took effect today at 12:01 A.M. ET, placing sweeping limitations on both immigrant and nonimmigrant visa issuance for nationals of 19 countries. The proclamation is the most expansive travel-related restriction imposed under the current administration and echoes similar nationality-based bans from President Trump’s previous term.
Who Is Affected?
The ban impacts nationals from the following countries, divided into two categories:
Full Visa Suspension (Immigrant and Nonimmigrant):
- Afghanistan
- Burma
- Chad
- Republic of Congo
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Libya
- Somalia
- Sudan
- Yemen
Partial Visa Suspension (Immigrant Visas + B, F, M, J Nonimmigrant Visas):
- Burundi
- Cuba
- Laos
- Sierra Leone
- Togo
- Turkmenistan
- Venezuela
In the partial-ban countries, other nonimmigrant categories remain technically available; however, the proclamation instructs consular officers to limit visa validity “to the extent permitted by law.” The practical application of these reduced-validity directives remains unclear.
Who Is Exempt?
According to the State Department, the ban does not apply to:
- Foreign nationals who hold valid U.S. visas as of June 9, 2025
- Individuals physically present in the U.S. on June 9, 2025
Importantly, the proclamation does not revoke any existing visas issued before June 9. These visa holders may still travel to the U.S., though they could face increased scrutiny at ports of entry due to heightened screening protocols.
Key Uncertainties:
The scope of the proclamation raises several critical unanswered questions:
- Can foreign nationals who held a valid visa on June 9 now apply for new visas in the same or different categories?
- Will foreign nationals present in the U.S. on June 9, who later travel abroad, be eligible for new visa issuance upon departure?
The State Department has not yet clarified how these scenarios will be handled, raising serious concerns among affected travelers, immigration attorneys, and employers.
National Interest Exceptions (NIE)
Limited exceptions to the ban are available for individuals whose entry is deemed in the U.S. national interest, though no formal NIE process has yet been outlined. Requests for exceptions are expected to be handled case-by-case at U.S. embassies and consulates abroad, adding another layer of uncertainty to the already complex situation.
Bottom Line: Nationals of the 19 affected countries are urged to consult with immigration counsel before making any international travel plans or submitting new visa applications. Visa holders should carry proof of validity and be prepared for heightened border checks. As additional guidance emerges, updates will be posted on the Department of State’s website and through official embassy notices.
Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C. Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
