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:
ICE Reverses SEVIS Terminations Amid Legal Challenges, Clarifies Status Implications for International Students In a significant policy shift, U.S. Immigration and Customs Enforcement (ICE) has announced the reversal of recent terminations of Student and Exchange Visitor Information System (SEVIS) records for international students. This decision comes in response to widespread legal challenges and marks a departure from the longstanding interpretation that SEVIS termination equates to an immediate loss of lawful immigration status. The abrupt terminations, which began in early April, affected over 4,700 students and were often executed without prior notice to the students or their educational institutions. Many of these terminations were linked to findings from the National Crime Information Center (NCIC), leading to concerns about due process and the potential for wrongful status revocations. In court proceedings, ICE clarified that the termination of a SEVIS record is considered an internal administrative action and does not, by itself, render a student out of status. This interpretation allows affected students to remain in the U.S. while pursuing options such as change of status applications or reinstatement, without the immediate threat of deportation. Legal experts emphasize the importance of this clarification, noting that it preserves the rights of international students to seek legal remedies and continue their education or training programs. However, they caution that students should consult with immigration attorneys to navigate the complexities of their individual situations, especially if they have been affected by recent SEVIS terminations. ICE has indicated that it is developing a formal policy framework to guide future SEVIS record terminations, aiming to ensure transparency and adherence to due process. In the interim, the agency is manually restoring the SEVIS records of affected students and has committed not to terminate records solely based on NCIC findings. This development underscores the evolving landscape of U.S. immigration policy and its impact on international students. Stakeholders are advised to stay informed and seek professional guidance to understand their rights and responsibilities under the current regulatory environment.Secretary of State Marco Rubio Announces State Department Reorganization, Raises Concerns Over Potential Visa Processing Delays
In a statement released yesterday, Secretary of State Marco Rubio unveiled a sweeping plan to reorganize the U.S. Department of State, outlining efforts to consolidate agency functions, reduce staffing levels, and potentially close several offices in the months ahead. While the reorganization plan primarily focuses on operations within Washington, D.C., including offices responsible for human rights, refugee affairs, and civilian security, it has already sparked concerns about its potential impact on global consular operations—even though the plan does not specifically address them. According to the newly released organizational chart, the Bureau of Consular Affairs, which oversees visa issuance and services for U.S. citizens abroad, will remain under the Department’s Management Division, signaling no immediate structural changes. However, recent media reports have suggested that the agency may be preparing to close some embassies and consulates and reduce staffing at others. Although most of the diplomatic posts identified for possible closure do not currently operate visa sections, immigration attorneys and global mobility professionals warn that any cutbacks in local consular staffing could create further delays in visa processing and exacerbate existing backlogs in many high-demand regions. Immigration and business stakeholders are now watching closely to see whether the reorganization will indirectly affect consular services, which remain critical to international travel, employment-based immigration, and family reunification processes. The Department of State has not confirmed specific locations for any closures or reductions, but officials have indicated that cost efficiency and diplomatic realignment are driving factors behind the restructuring. Legal and immigration professionals, including Fragomen and other global mobility firms, continue to monitor developments and are urging visa applicants and petitioners to plan ahead and account for possible delays in processing.International Travel Warning Issued for F-1 Students Amid Heightened Scrutiny and Visa Risks
International students on F-1 visas—particularly those currently on Optional Practical Training (OPT) or awaiting a change of status to H-1B—are being urged to exercise caution when planning international travel this year due to increased government scrutiny, travel unpredictability, and visa enforcement actions.
In the wake of an executive order issued earlier this year by President Trump, U.S. immigration agencies have intensified their focus on student visa holders. This includes reviewing social media content, scrutinizing travel histories, and, in some cases, revoking F-1 visas or terminating SEVIS status.
The warning comes at a critical time during the H-1B CAP season, when many F-1 students have either applied for or been selected in the H-1B lottery and are transitioning to a change of status within the U.S. through the cap-gap period—a transitional phase covering the time between the end of OPT and the start date of H-1B status.
Key risks and considerations include:
- Departure during pending OPT or H-1B change of status: Leaving the U.S. while an OPT application or change of status petition is pending can lead to abandonment of the application and loss of status.
- Unpredictability at U.S. consulates abroad: Students seeking new F-1 or H-1B visas at U.S. embassies may face significant delays, administrative processing, or denials due to increased security reviews.
- CBP scrutiny at ports of entry: Returning F-1 students may be subject to extensive questioning or secondary inspection, especially if flagged for prior travel patterns, online behavior, or minor legal infractions.
- Social media reviews: Anecdotal reports suggest that CBP and consular officers are reviewing public social media profiles, which could influence visa decisions or reentry outcomes.
Students are strongly encouraged to consult with immigration counsel before traveling abroad if they fall into any of the following categories:
- Currently on OPT or STEM OPT Extension
- In a 60-day grace period following program or OPT completion.
- In the CAP-gap period between OPT and H-1B start date
- Awaiting approval of a change of status to H-1B
- Have ever been cited or charged with a civil or criminal violation (even minor)
Immigration experts stress that even seemingly minor issues—such as unpaid parking tickets or an old citation—could lead to complications during reentry or visa processing under the current enforcement climate.
As conditions continue to evolve, students are advised to stay informed and carefully assess travel decisions. Legal guidance is recommended to navigate the complex intersection of student status, visa regulations, and increased enforcement.
Department of Labor Releases Latest Update on PERM and Prevailing Wage Processing Times
The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has published its most recent update on PERM and Prevailing Wage Determination (PWD) processing times as of April 1, 2025.
According to the report, the DOL is currently:
- Conducting analyst review for PERM applications filed in December 2023 or earlier.
- Processing standard reconsideration requests for PERM applications submitted in February 2025 or earlier.
- Indicating N/A for the audit queue, suggesting limited or no updates for PERM audits at this time.
In terms of prevailing wage determinations:
- For PERM prevailing wage requests, the DOL is issuing determinations for filings made in November 2024 (Occupational Employment and Wage Statistics [OES]-based) and October 2024 (non-OES based).
- For H-1B prevailing wage requests, DOL is similarly processing requests filed in November 2024 (OES) and October 2024 (non-OES).
- Redetermination requests for PERM and H-1B prevailing wages filed in December 2024 are also under review.
- Center Director reviews for both PERM and H-1B cases requested in August 2024 are currently being processed.
REAL ID Enforcement Begins May 7, 2025: Domestic Air Travelers Must Show Compliant ID
The Department of Homeland Security (DHS) has announced that enforcement of the REAL ID Act for U.S. domestic air travel will officially begin on May 7, 2025. All air travelers aged 18 or older—including U.S. citizens, lawful permanent residents, and nonimmigrants—will be required to present a REAL ID-compliant identification document or an acceptable alternative when boarding commercial flights within the United States.
The REAL ID Act, passed in 2005, mandates strict federal standards for state-issued driver’s licenses and identification cards. After years of phased implementation and multiple delays, DHS is now set to fully enforce the document requirements at airport security checkpoints nationwide.
Starting May 7, travelers using a state-issued driver’s license or non-driver ID must ensure it bears the REAL ID-compliant star marking or otherwise meets federal security standards. Those without a REAL ID-compliant license will need to present an alternative form of identification accepted by the Transportation Security Administration (TSA).
Acceptable alternative documents include:
- A valid U.S. or foreign passport
- A U.S. passport card
- Global Entry or other DHS Trusted Traveler Program cards
- A valid Permanent Resident Card (Green Card)
- A USCIS-issued Employment Authorization Document (EAD)
Passengers who fail to provide a compliant ID or acceptable alternative may be denied boarding, regardless of ticketed status.
Although all 50 states and U.S. territories are now issuing REAL ID-compliant IDs, DHS warns that millions of older, non-compliant IDs remain in circulation, and travelers should verify their ID status ahead of the May deadline.
For more information on how to obtain a REAL ID or review acceptable alternative documents, travelers are encouraged to visit www.dhs.gov/real-id.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.
