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 Processing Times Update: Significant Delays Continue
July 2025 Processing Times Released
The Department of Labor’s latest processing time report reveals ongoing challenges for employment-based immigration cases. Here’s what employers and foreign workers need to know:
PERM Labor Certifications:
- Current Processing: Applications filed in March 2024 or earlier (16+ month delay)
- Audit Queue: Listed as “N/A” – unclear processing timeline
- Reconsiderations: Processing requests from May 2025 or earlier
Prevailing Wage Determinations (PWDs):
PERM PWDs:
- OEWS-based: March 2025 filings (4-month delay)
- Non-OEWS: January 2025 filings (6-month delay)
H-1B PWDs:
- OEWS-based: March 2025 filings (4-month delay)
- Non-OEWS: January 2025 filings (6-month delay)
Redeterminations & Reviews:
- PERM PWD Redeterminations: February 2025 requests
- H-1B PWD Redeterminations: March 2025 requests
- Center Director Reviews: June 2024 requests (13-month backlog)
Strategic Implications:
These extended processing times reinforce the value of alternative immigration strategies:
For Employers:
- Consider EB-1A petitions for qualifying executives and researchers
- Evaluate National Interest Waiver (NIW) options to bypass PERM delays
- File PWD requests as early as possible in the process
For Foreign Workers:
- Explore self-petitioning options (EB-1A, EB-1B, NIW)
- Maintain valid status during extended PERM processing
- Consider premium processing for underlying I-140 petitions where available
The 16+ month PERM processing delay, combined with unclear audit timelines, makes alternative pathways increasingly attractive for qualified individuals.
Current processing times are available on the DOL FLAG page and updated regularly.
Historic Immigration Enforcement Funding
Trump’s “One Big Beautiful Bill” Allocates $150+ Billion for Border Security and Deportations
Unprecedented Investment Transforms U.S. Immigration System
President Trump signed the “One Big Beautiful Bill Act” (H.R. 1) into law on July 4, 2025, following narrow passage in both chambers of Congress. The massive reconciliation package allocates over $150 billion for immigration enforcement over the next four years—the largest federal investment in border security and interior enforcement in American history.
Key Immigration Funding Allocations:
Border Wall and Infrastructure: $46.5 Billion:
- Construction and improvement of integrated border barrier system
- Access roads, cameras, lights, and detection technology
- Represents the bill’s largest single expenditure
Detention Expansion: $45 Billion:
- Expansion of adult and family detention facilities
- Would increase ICE capacity from 41,000 to approximately 100,000 beds
- Detention standards set at “sole discretion” of DHS Secretary
ICE Operations: $29.9 Billion:
- Hiring, training, and retention of enforcement officers
- Transportation and fleet modernization
- Technology upgrades for deportation operations
CBP Personnel and Facilities: $11.1 Billion:
- $4.1 billion for Border Patrol agent hiring and training
- $5 billion for CBP facilities and checkpoints
- $2 billion in retention and performance bonuses
Immigration Courts: $3.3 Billion:
- Additional immigration judges and support staff
- Combating drug trafficking prosecution
- Caps immigration judges at 800 positions by November 2028
Direct Impact on Immigrants:
New Fees and Costs:
- $100 minimum fee for asylum applications (reduced from initial $1,000 proposal)
- Increased USCIS and EOIR filing fees across multiple categories
- New fees for certain ICE enforcement actions
Benefit Restrictions:
- Child Tax Credit restricted for families where both parents lack Social Security numbers
- Cuts to federal funding for states providing Medicaid to undocumented immigrants
- Reduced provider tax rates affecting Medicaid funding
Enhanced Enforcement:
- Target of 3,000 daily arrests by ICE agents
- Expansion of 287(g) local enforcement partnerships
- $12 billion to reimburse state and local border enforcement costs
Legal and Practical Implications:
Detention System Transformation:
The funding represents a 308% increase over ICE’s FY 2024 detention budget, making ICE the largest federal law enforcement agency. The expanded capacity enables the administration’s goal of operating deportations “like Amazon, trying to get your product delivered in 24 hours.”
Court System Strain:
While adding immigration judges, the 800-judge cap may create bottlenecks given the current 4 million case backlog. The massive enforcement expansion could significantly increase case filings.
Technology and Surveillance:
$6.2 billion allocated for border technology including artificial intelligence, machine learning, and biometric entry/exit systems, representing unprecedented surveillance capabilities. Strategic Considerations for Practitioners. Immediate Actions Required:- Advise clients on new fee structures before implementation
- Assess asylum seekers’ ability to pay $100 filing fee
- Review Child Tax Credit eligibility for mixed-status families
- Prepare for accelerated enforcement timeline
Long-term Planning:
- Anticipate detention capacity increases affecting bond proceedings
- Expect faster deportation timelines requiring expedited case preparation
- Plan for potential court scheduling delays due to increased caseloads
Alternative Strategies:
- Prioritize self-petitioning options (EB-1A, NIW) to avoid enforcement exposure
- Consider state-level protections where available
- Explore humanitarian programs unaffected by new fee structures
Historical Context:
The legislation represents the most significant expansion of immigration enforcement infrastructure since the creation of DHS. The $150+ billion allocation exceeds four times CBP’s current annual budget and establishes unprecedented federal capacity for detention and deportation operations.
Critics argue the massive investment occurs despite border crossings falling to their lowest level in decades, with slightly over 6,000 apprehensions in June. Supporters contend the infrastructure investment prevents future surges and demonstrates commitment to immigration enforcement.
Bottom Line:
The One Big Beautiful Bill fundamentally reshapes America’s immigration enforcement landscape through unprecedented funding levels. The legislation’s impact will be felt immediately through new fees and enhanced enforcement, while long-term effects include expanded detention capacity and accelerated deportation timelines.
Immigration practitioners should prepare clients for a significantly more restrictive and expensive immigration system, while exploring alternative pathways that minimize exposure to enhanced enforcement mechanisms.DHS Terminates TPS for Honduras and Nicaragua; 60-Day Transition Period Granted
Secretary Noem Determines Conditions No Longer Warrant Protection
The Department of Homeland Security announced it will not extend Temporary Protected Status (TPS) designations for Honduras and Nicaragua, which expired on July 5, 2025. However, current beneficiaries will receive a 60-day transition period through September 8, 2025.
Key Details:
Termination Decision: Secretary of Homeland Security Kristi Noem has determined that the conditions that originally warranted TPS designations no longer exist for Honduras and Nicaragua.
Transition Period: Beneficiaries will maintain their protected status and work authorization through September 8, 2025, providing a brief window to secure alternative immigration status or prepare for departure. Work Authorization: Previously issued Employment Authorization Documents (EADs) will remain valid during the 60-day transition period, allowing continued employment. Impact on Beneficiaries: The termination affects thousands of Honduran and Nicaraguan nationals who have relied on TPS protection. The 60-day transition period provides limited time for beneficiaries to:- Explore alternative immigration options
- Consult with immigration attorneys
- Prepare for potential departure from the United States
- Arrange personal and professional affairs
Available Alternatives:
Affected TPS beneficiaries should immediately assess potential alternative pathways:
Family-Based Options:
- Marriage to U.S. citizen or permanent resident
- Sponsorship by qualifying family members
Employment-Based Options:
- Employer sponsorship for permanent residence
- Specialized worker visas (H-1B, L-1, etc.)
Humanitarian Relief:
- Asylum applications (if eligible and timely)
- Withholding of removal
- Convention Against Torture protection
Other Considerations:
- Cancellation of removal for qualifying individuals
- Private bills or other legislative relief
Legal Implications:
The termination represents a significant policy shift from the previous administration’s approach to Central American TPS designations. Beneficiaries should be aware that:
- Unauthorized presence may begin accruing after September 8, 2025
- Removal proceedings may be initiated for those without legal status
- Travel outside the United States after termination could result in inadmissibility
Urgent Action Required:
Given the limited 60-day timeframe, affected individuals should:
- Consult Immigration Counsel Immediately: Time-sensitive decisions require professional legal guidance
- Gather Documentation: Compile records of U.S. presence, employment history, and family ties
- Explore All Options: Consider both short-term and long-term immigration strategies
- Prepare Contingency Plans: Develop backup plans in case alternative relief is unavailable
Summer Travel Advisory for F-1 OPT Holders with H-1B Approval and Other Nonimmigrant Visa Holders
As summer travel ramps up, international students and foreign professionals must exercise caution before leaving the U.S. — especially F-1 OPT holders with an approved H-1B petition effective October 1, 2025. U.S. Customs and Border Protection (CBP) and U.S. consulates continue to increase scrutiny of travelers through in-depth questioning, social media vetting, and even use of AI tools by DHS to flag potential security concerns or inconsistencies.
For F-1 OPT Holders with H-1B Approval: Understand the “Last Action Rule”
If your H-1B petition has been approved with a change of status and a start date of October 1, USCIS policy (per the “Last Action Rule Memo”) clarifies that your change of status will not take effect until October 1. This means:
- If you travel before September 30, you may re-enter on F-1 status with a valid F-1 visa, unexpired OPT EAD, and proof of employment.
- Your H-1B change of status will still take effect automatically on October 1, assuming you’re back in the U.S. in F-1 status before that date.
- However, if you leave and return after October 1, you must apply for an H-1B visa stamp abroad and re-enter in H-1B status.
Warning: If you depart the U.S. and cannot re-enter before September 30, your H-1B change of status may be considered abandoned, and you will not be granted H-1B status unless you re-enter on an H-1B visa.
H-1B and L-1 Visa Holders: Check Your Docs Before You Go
H-1B and L-1 workers who already have an active status may travel more freely, but they must ensure:
- A valid visa stamp is in their passport
- A copy of the I-797 approval notice is carried
- They bring a letter of employment confirming the job is ongoing
- Recent pay stubs to show maintenance of status.
Travelers visiting countries such as India, China, Nigeria, or others with increased visa scrutiny may face longer wait times for appointments and potential administrative processing (“221g”).
Increased Social Media Vetting and AI Use by DHS:
All nonimmigrant travelers should be aware that DHS and CBP now use advanced artificial intelligence tools to screen social media, public records, and digital footprints. Activities such as controversial political posts, prior overstays, or inconsistent information on your visa applications can raise red flags.
Tips:
- Review your social media presence before travel. Remove or archive anything that could be misconstrued.
- Be honest on DS-160 visa applications — inconsistencies are being caught through AI-powered vetting tools.
- Do not bring false employment verification letters — misrepresentation may result in permanent visa ineligibility.
General Travel Recommendations for Nonimmigrants:
- Always check visa validity before departure.
- Carry original immigration documents and backup digital copies.
- Have a clear purpose and intent for your return — especially if you’re in a cap-gap or status transition period.
- Avoid short-notice international trips if your visa is expired or if you’re in the middle of a change of status.
- Consult your immigration attorney before travel — even brief departures can have lasting consequences.
In a post-pandemic, AI-driven immigration enforcement era, summer travel for nonimmigrants requires more planning than ever. Understand your status, prepare your documents, and travel with caution.
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.
