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:
DOS Policy Limits Third-Country National Visa Processing
The U.S. Department of State (DOS) has announced a new policy narrowing the ability of third-country nationals (TCNs) to apply for U.S. visas outside their country of nationality or residence. Effective immediately, consular posts are instructed to restrict visa processing for TCN applicants unless the applicant can demonstrate extraordinary circumstances or the post has a specific agreement with DOS to accept such cases.
Traditionally, many foreign nationals—particularly H-1B and L-1 visa holders—sought visa appointments in neighboring countries such as Canada or Mexico to avoid lengthy backlogs at U.S. consulates in their home countries. The new directive will curtail this practice, requiring most applicants to return to their home country for visa stamping. Exceptions may be available for humanitarian reasons, urgent business travel, or applicants whose home country lacks a U.S. consulate.
The move comes as part of DOS’s broader effort to manage high global visa demand, reduce security risks, and encourage consistency in visa adjudications. Critics warn that the policy will create additional hardship for skilled foreign workers and U.S. employers already navigating long wait times for consular appointments worldwide.
Employers and foreign nationals are urged to plan international travel carefully in light of this development, as scheduling visa appointments outside one’s home country may now prove far more difficult. Immigration attorneys recommend consulting consular post websites for updated local guidance before making travel arrangements.
DOL Releases September 2025 PERM and PWD Processing Times
The U.S. Department of Labor (DOL) has published its latest update on permanent labor certification (PERM) and prevailing wage determination (PWD) processing times as of September 1, 2025.
According to the report, DOL is conducting analyst reviews for PERM applications filed in June 2024 or earlier. The agency listed “N/A” for the audit processing queue, reflecting DOL’s continued move away from traditional audits toward issuing Requests for Information (RFIs), which can generally be resolved more quickly but are not yet tracked in posted processing times. DOL is also reviewing reconsideration requests filed in July 2025 or earlier.
On the prevailing wage side, DOL is currently issuing PERM and H-1B prevailing wage determinations for requests filed in May 2025 for Occupational Employment and Wage Statistics (OEWS)-based cases, and March 2025 for non-OEWS requests. The agency is processing redeterminations filed in May 2025 and PERM Center Director Reviews from June 2025.
Employers and foreign nationals should continue to expect wait times of several months for both PERM adjudications and wage determinations. Stakeholders are encouraged to monitor the DOL FLAG system for the most up-to-date processing reports.
USCIS Resumes Neighborhood Investigations for Naturalization Applications
U.S. Citizenship and Immigration Services (USCIS) has announced the resumption of neighborhood investigations as part of the naturalization application review process, marking a return to enhanced background verification procedures that had been suspended during the pandemic.
The Administrative Site Visit and Verification Program (ASVVP) allows USCIS officers to conduct unannounced visits to applicants’ homes and workplaces to verify information provided in naturalization applications and assess claims of good moral character.
Key Details:
What This Means for Applicants:
- USCIS officers may visit applicants’ residences or workplaces without prior notice.
- Officers will verify address information and may interview neighbors, landlords, or employers.
- The program aims to detect fraud and confirm applicants meet residency and character requirements.
Scope of Investigations:
- Visits focus on verifying continuous residence in the United States.
- Officers assess whether applicants demonstrate good moral character.
- Interviews with community members help corroborate application information.
Timeline:
- The program resumed operations in select USCIS field offices nationwide, with plans to expand coverage over the coming months.
Background:
- USCIS suspended most in-person verification activities in March 2020 due to COVID-19 safety protocols. The agency has gradually restored normal operations as pandemic restrictions have lifted.
- The neighborhood investigation program has historically been used selectively, typically in cases where additional verification is deemed necessary based on application review or other factors.
Impact on Processing Times:
- USCIS has not indicated whether the resumed investigations will affect overall naturalization processing times, which currently average 14-16 months nationally
- Applicants are advised to ensure all contact information remains current with USCIS and to maintain documentation supporting their residency and character claims.
Strategic Timing for H-1B Extensions Beyond 6 Years: When to File Your I-140
For H-1B holders approaching the six-year limit, understanding the optimal timing for filing permanent residence petitions is crucial for maintaining legal status in the United States.
The 6-Year Challenge:
- H-1B status is generally limited to six years, but approved I-140 petitions create pathways for extensions even when priority dates aren’t current.
Key Filing Strategies by Category:
PERM Labor Certification
Optimal Timing: File 24-30 months before H-1B expiration
- PERM processing: about 24 months.
- I-140 filing after PERM approval.
- Allows time for potential audits or complications.
- Creates extension eligibility once I-140 is approved.
National Interest Waiver (NIW)
Optimal Timing: File 12-15 months before H-1B expiration:
- No labor certification required.
- Direct I-140 filing possible.
- Processing times: 8-12 months typically.
- Self-petitioning advantage for qualifying professionals.
Under current law, individuals with an approved I-140 petition but no available visa number may still qualify for a three-year extension of H-1B status. However, where only the PERM or I-140 filing is pending, the extension will be limited to one year increments until a final decision is made.
EB-1A (Extraordinary Ability)
Optimal Timing: File 8-12 months before H-1B expiration:
- Premium processing available (15 calendar days)
- No labor certification needed
- Fastest path to I-140 approval
- Self-petitioning option
Extension Benefits Post-I-140 Approval
Regardless of Priority Date Status:
- 3-year H-1B extensions become available.
- Extensions continue until green card adjudication.
- Spouse (H-4) may be eligible for work authorization.
- Job mobility increases with approved I-140.
Critical Considerations:
- Documentation Readiness: Ensure all supporting evidence is prepared well in advance of filing deadlines.
- Premium Processing: Available for I-140 petitions ($2,805 fee) to expedite adjudication when time is critical.
- Backup Plans: Consider multiple petition types if qualifications permit, as approval rates and processing times vary.
-
Legal Counsel: Immigration attorneys can assess individual circumstances and recommend optimal strategies based on specific career profiles and timing constraints.
The Bottom Line:
Success requires proactive planning and early action. H-1B holders should begin evaluating permanent residence options at least two years before their six-year limit, allowing adequate time for petition preparation and processing delays.
USCIS Issues Final Rule Granting Special Agents New Law Enforcement Authority
U.S. Citizenship and Immigration Services (USCIS) has issued a final rule granting its employees authority to serve as special agents empowered to make arrests, carry firearms, and execute search and arrest warrants. This marks a major shift for the agency, whose core mission has traditionally focused on adjudicating immigration benefits rather than direct law enforcement.
Until now, such enforcement functions have primarily been carried out by other Department of Homeland Security (DHS) agencies—Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP)—alongside other federal law enforcement entities. Under the new rule, USCIS will recruit and train designated agents who will exercise these authorities. It remains unclear whether USCIS will establish a specialized enforcement unit or distribute agents across the agency to work in dual roles.
The rule, which codifies a delegation of authority already held by the USCIS Director, is scheduled for publication in the Federal Register on September 5, 2025, and will take effect 30 days later. Because USCIS invoked the procedural exception to the Administrative Procedure Act (APA), the rule was not subject to Office of Management and Budget (OMB) review or public comment prior to issuance.
Observers note that the expansion of USCIS’s enforcement role could be challenged in court. Meanwhile, immigration advocates and employers are closely watching to see how the agency balances its new law enforcement mandate with its longstanding responsibility for adjudicating immigration benefits.
District Court Rules for Plaintiffs in Haiti and Venezuela TPS Termination Litigation, But Government Seeks Stay
On September 5, 2025, a federal district court in California issued a significant ruling in National TPS Alliance et al. v. Noem et al. (N.D. Cal., No. 3:25-cv-01766), siding with plaintiffs challenging the Department of Homeland Security’s (DHS) actions on Temporary Protected Status (TPS) designations for Haiti and Venezuela. The court granted summary judgment in favor of the plaintiffs, finding that DHS’s partial vacatur of TPS for Haiti and its termination of the 2023 Venezuela TPS designation were unlawful under the Administrative Procedure Act (APA).
The ruling sets aside these DHS actions under the APA. However, the immediate effect of the decision remains limited. The Haiti TPS termination had already been blocked by a separate court order, and DHS has moved quickly to seek a stay of the September 5 order with respect to Venezuela. Unless and until the court denies that stay request, DHS is expected to continue treating the 2023 Venezuela TPS designation as terminated.
Advocates view the ruling as a major legal victory for TPS holders, reinforcing judicial oversight of agency decision-making under the APA. Still, the practical outcome for Venezuelan TPS beneficiaries remains uncertain, as the government’s request for a stay and potential appeals could delay or limit the impact of the decision.
Immigration practitioners advise TPS holders from Haiti and Venezuela to monitor government announcements closely and consult legal counsel before making any decisions based on the ruling.
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.
