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:
Naturalization Alert: New USCIS Policies Raise Concerns for Citizenship Applicants
Recent policy memos signal potential major changes to naturalization process:
Two controversial memoranda issued by U.S. Citizenship and Immigration Services (USCIS) in August 2025 have immigrant community on high alert. The policies, if implemented, could dramatically alter how the agency evaluates naturalization applications and significantly increase scrutiny of citizenship candidates. Good Moral Character Assessment Under Review: On August 15, 2025, USCIS released a memo outlining plans to revise how the agency determines whether naturalization applicants meet the good moral character (GMC) requirement—a fundamental eligibility criterion for U.S. citizenship. While the memo lacks specific implementation details, legal experts express concern that stricter GMC standards could create additional barriers for otherwise qualified applicants. The GMC requirement has historically been evaluated based on factors including criminal history, tax compliance, and overall conduct during the statutory period before applying for naturalization. Any changes to these long-established standards could affect thousands of pending and future applications. Neighborhood Visits Program Announced: A week later, on August 22, 2025, USCIS issued a second memo announcing plans for neighborhood visits to investigate naturalization applicants. According to the memo, these visits would allow immigration officers to scrutinize three key areas- Residency verification: Confirming applicants actually live where they claim
- Good moral character assessment: Gathering community input about applicants’ character
- Constitutional attachment: Evaluating applicants’ commitment to U.S. constitutional principles
The neighborhood visits program represents a significant departure from current practice, where naturalization interviews typically occur at USCIS offices. Immigration attorneys worry that such visits could create privacy concerns, intimidate applicants and their neighbors, and introduce subjective community bias into what should be an objective legal process.
Policy Implementation Remains Unclear:
Both memos share a troubling characteristic: neither appears in the official USCIS Policy Manual, the agency’s authoritative guide for immigration procedures. This omission raises questions about the policies’ official status and creates uncertainty for practitioners trying to advise clients.
USCIS has provided no timeline or implementation guidance for either policy, leaving naturalization applicants and their attorneys in limbo. The absence of clear procedures also makes it difficult to assess how these changes might affect pending applications or when they might take effect.
Implications for Applicants:
Legal experts recommend that current and prospective naturalization applicants:
- Monitor developments closely through qualified immigration attorneys.
- Ensure all documentation supporting residency and good moral character is comprehensive and readily available.
- Consider filing applications before any restrictive policies take effect, if eligible.
- Prepare for potentially longer processing times and more intensive scrutiny.
Looking Ahead:
The immigration law community continues to analyze these memos and their potential impact. Professional organizations and advocacy groups are calling for transparency regarding implementation plans and proper publication of any policy changes through official channels.
As these policies develop, naturalization applicants should work closely with qualified immigration attorneys to navigate what may become a more complex and scrutinized path to U.S. citizenship. The coming months will likely provide clarity on how—and whether—these controversial memos translate into actual changes in naturalization practice.
EB-2 Immigrant Visa Category Unavailable Through September 30 After Reaching FY 2025 Annual Limit
The U.S. Department of State has announced that the EB-2 employment-based immigrant visa category has reached its annual limit for Fiscal Year (FY) 2025 and is now unavailable through September 30, 2025. Effective immediately, U.S. embassies and consulates cannot issue EB-2 immigrant visas, and U.S. Citizenship and Immigration Services (USCIS) cannot approve adjustment of status applications under the EB-2 category until the beginning of the next fiscal year.
The EB-2 quota will reset with the start of FY 2026 on October 1, 2025. At that time, USCIS may resume approving pending adjustment of status cases, and consular posts may resume immigrant visa issuance for qualified applicants.
In its September Visa Bulletin, the State Department had warned that heavy demand and high usage rates could lead to exhaustion of visa numbers in many employment-based categories by late summer. The EB-2 category is the first to be fully capped out for FY 2025. Despite the unavailability, USCIS will continue to accept adjustment of status applications that are current under the September Visa Bulletin. However, these cases will be held in abeyance until new visa numbers are available in October. Foreign nationals with scheduled USCIS interviews should still plan to attend as directed. However, applicants should be aware that officers may opt to reschedule interviews due to the temporary unavailability of EB-2 visa numbers. Even if an interview is conducted, USCIS cannot approve the case until after October 1.DHS Proposes to Eliminate “Duration of Status” for F-1 Students
The Department of Homeland Security (DHS) has issued a proposed rule to eliminate “Duration of Status” (D/S) for F-1 international students, a long-standing policy that has allowed students to remain in the United States for as long as they maintained full-time enrollment and complied with student visa requirements.
Under the proposed rule, F-1 students would no longer be admitted for an open-ended “duration of status.” Instead, they would be granted an admission period with a fixed end date, typically tied to the length of their academic program as reflected on Form I-20. If additional time is needed to complete studies, students would be required to apply for an extension of stay through U.S. Citizenship and Immigration Services (USCIS). DHS Rationale: DHS argues that the change would strengthen oversight of the F-1 program, improve monitoring of visa compliance, and reduce the risk of overstays. The department also emphasized its concern that open-ended D/S admissions limit its ability to enforce immigration laws and track individuals who may fall out of status. Implications for Students and Schools:- Increased USCIS Filings: Students may face higher costs and administrative burdens, as extensions of stay would require formal filings and fees.
- Greater Uncertainty: Approval of extensions would be discretionary, potentially delaying academic progress or complicating transitions to Optional Practical Training (OPT) or other visa categories.
- Institutional Impact: Designated School Officials (DSOs) would need to work closely with students to ensure timely filings and maintain compliance.
Ninth Circuit Upholds District Court Order on Venezuela TPS, But Supreme Court Stay Keeps 2023 Designation Expired
The U.S. Court of Appeals for the Ninth Circuit today affirmed a March 31 district court order that had postponed the Department of Homeland Security’s (DHS) vacatur and termination of the 2023 Temporary Protected Status (TPS) designation for Venezuela. However, the Ninth Circuit ruling does not have the effect of reviving the designation, as a U.S. Supreme Court emergency order issued in May continues to stay the district court’s decision pending the full appeals process.
As a result, the 2023 TPS designation remains expired and will not be reinstated unless and until the Supreme Court affirms the Ninth Circuit’s decision or declines to hear the government’s appeal. The government is expected to challenge the Ninth Circuit’s ruling at the Supreme Court in the coming weeks. The case is National TPS Alliance v. Noem, 9th Cir., Case No. 25-2120.
Background:
On January 17, 2025, then–DHS Secretary Alejandro Mayorkas extended TPS for Venezuela for 18 months, covering two prior designations (2021 and 2023). Less than two weeks later, new DHS Secretary Kristi Noem vacated that extension, reinstating the original expiration dates of April 2, 2025 (2023 designation) and September 10, 2025 (2021 designation). She subsequently confirmed that TPS benefits under the 2023 designation would end on April 7, 2025 and announced she would decide by July whether to continue the 2021 designation.
Immigrant advocacy groups, including the National TPS Alliance, filed suit challenging the Secretary’s actions. On March 31, 2025, the district court granted a stay of DHS’s vacatur and termination actions. While the Ninth Circuit has now upheld that ruling, the Supreme Court’s earlier intervention in May granted the government’s request for an emergency stay, permitting DHS to enforce termination of the 2023 designation while litigation continues.
2021 TPS Designation Still Active:
For now, TPS benefits under the 2021 designation remain valid through September 10, 2025. If DHS moves to terminate the 2021 designation, the termination cannot take effect until at least 60 days after publication of a Federal Register notice—and not before the current September 10 expiration date.
What’s Next:
The Biden administration is expected to appeal the Ninth Circuit’s decision to the U.S. Supreme Court. Until the Court issues a final ruling, Venezuelan nationals covered by the 2023 designation will not have TPS benefits, while those under the 2021 designation remain protected until at least September 10, 2025.
What is Nunc Pro Tunc?
Nunc pro tunc is a Latin phrase meaning “now for then.” In U.S. immigration law, it refers to a discretionary remedy that allows USCIS (or sometimes an immigration judge) to approve an application or grant a benefit retroactively to an earlier date. For example, if a foreign national’s nonimmigrant status expired but they had a compelling reason beyond their control (e.g., serious illness, USCIS error, or extraordinary circumstances), they may file a request to extend or change status nunc pro tunc. If granted, USCIS would treat the approval as if it had been timely filed, effectively curing the gap in lawful status. How It Is Used to Cure Expired Status:- Scenario: An H-4 dependent overstays because their H-1B spouse’s extension was delayed.
- Solution: The dependent may request that USCIS approve the H-4 extension nunc pro tunc to cover the gap.
- Result if Granted: The overstay is excused, unlawful presence is avoided, and the person regains continuity of lawful status.
Other contexts include F-1 students who fall out of status due to school error, or adjustment applicants who need to fix a status lapse caused by delayed filings.
Risks Under the Trump Administration:
During the Trump era, USCIS took a much stricter enforcement approach toward unlawful presence and status violations. This made the use of nunc pro tunc remedies:
- Unpredictable: USCIS often denied requests without detailed explanation.
- Dangerous: A denied request could expose the applicant to findings of unlawful presence, triggering 3- or 10-year bars on reentry.
- Fraught with Enforcement Risk: Filing could draw attention to an out-of-status period, putting the applicant on USCIS’s or ICE’s radar.
Proceed With Caution:
Because of these risks, nunc pro tunc should only be attempted with highly experienced immigration counsel who can:
- Assess whether a strong factual and legal basis exists (e.g., medical emergencies, USCIS errors).
- Prepare extensive documentation to prove “extraordinary circumstances.”
- Evaluate alternative remedies (such as consular processing, reentry with advance parole, or other waivers).
Bottom line:
Nunc pro tunc can be a lifeline to cure expired status, but it is not routine. Under restrictive policies like those seen during the Trump administration, it may backfire if not handled carefully. Always consult an attorney with deep experience in this area before proceeding.
USCIS to Add Special Agents with Expanded Law Enforcement Authorities
U.S. Citizenship and Immigration Services (USCIS) announced today that it has been formally granted new law enforcement powers, authorizing the agency to recruit and train special agents under the federal 1811 classification. These officers—commonly referred to as special agents—will now be empowered to investigate, arrest, and pursue prosecution of individuals who violate U.S. immigration laws. Under a final rule published in the Federal Register, USCIS officers will be authorized to carry firearms, make arrests, and execute search and arrest warrants. This expansion follows Department of Homeland Security (DHS) Secretary Kristi Noem’s delegation of certain enforcement powers to USCIS, enabling the agency to more fully execute its national security, fraud detection, and public safety missions. “USCIS has always been an enforcement agency. By upholding the integrity of our immigration system, we enforce the laws of this nation,” said USCIS Director Joseph B. Edlow. “This historic moment will better address immigration crimes, hold perpetrators of immigration fraud accountable, and serve as a force multiplier for DHS and our federal law enforcement partners, including the Joint Terrorism Task Force.” Through this delegation, the USCIS Director gains authority to order expedited removal and investigate both civil and criminal immigration violations. The move allows USCIS to handle investigations internally, reducing reliance on Homeland Security Investigations (HSI) within U.S. Immigration and Customs Enforcement (ICE). As a result, ICE HSI and Enforcement and Removal Operations (ERO) will be able to focus on combating transnational crime and removing unlawfully present individuals, while USCIS targets fraud and system exploitation. The agency stated that it will begin recruiting and training new special agents to exercise these additional law enforcement authorities. The rule takes effect 30 days from publication.DHS Terminates 2021 Designation of Venezuela for Temporary Protected Status
The Department of Homeland Security (DHS) announced today that it will terminate the 2021 designation of Venezuela for Temporary Protected Status (TPS). Following a comprehensive review of country conditions and consultations with interagency partners, Secretary of Homeland Security Kristi Noem concluded that Venezuela no longer meets the statutory requirements necessary for TPS protection. According to the Federal Register notice, the termination will take effect at 11:59 p.m. on November 7, 2025, sixty days after publication. At that time, Venezuelan nationals who currently hold TPS under the 2021 designation will lose their protected status. DHS emphasized that individuals without another lawful immigration status should prepare to depart the United States once TPS benefits end. The agency also highlighted that Venezuelan nationals may use the CBP One mobile application to arrange for departure. TPS was first granted to Venezuela in 2021 due to extraordinary conditions, including political instability, humanitarian crises, and widespread insecurity. With the termination of this designation, Venezuelan TPS beneficiaries face an urgent decision: secure another lawful pathway to remain in the U.S. or plan for a return to Venezuela.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.
