As federal immigration policy continues to shift, employers must remain attentive to developments that affect global talent management, work authorization and petition-based compliance. This eAlert highlights critical updates including the termination of temporary protected status (TPS) for Afghanistan, relief for international students facing Student and Exchange Visitor Information System (SEVIS) terminations, newly launched visa interview tracking tools, an automatic extension of TPS for Venezuelan nationals, modest movement in the Visa Bulletin and increased Fraud Detection and National Security Directorate (FDNS) enforcement activity for H-1B and L-1 employers.
Termination of TPS for Afghanistan: Employment Authorization to End July 14
On May 12, 2025, the Department of Homeland Security (DHS) Secretary Kristi Noem announced that TPS for Afghanistan will be terminated effective July 14, 2025, marking a significant policy shift. The original TPS designation — granted in 2022 following the U.S. withdrawal and Taliban takeover — was meant to shield Afghan nationals from removal due to armed conflict and humanitarian concerns. However, DHS now asserts those conditions no longer justify protected status.
Despite the U.S. State Department's current "Level 4: Do Not Travel" advisory for Afghanistan, the termination notice claims Afghan nationals no longer face extraordinary and temporary conditions warranting TPS. The notice was formally published in the Federal Register on May 13, which triggered a mandatory 60-day wind-down period.
Employer Action Steps:
- Identify Afghan employees whose I-9 documentation includes an employment authorization document (EAD) with category codes A12 or C19.
- Accept EADs with expiration dates of November 20, 2023, or May 20, 2025, as valid through July 14, 2025, per automatic extension rules.
- Ensure these employees submit updated proof of work authorization by July 15 to avoid any unauthorized employment.
Note: Litigation has been filed to challenge this termination — similar to lawsuits that blocked TPS terminations for Venezuelan, Haitian, Nicaraguan and Cuban nationals — but employers must prepare for compliance unless or until a court issues a stay.
SEVIS Reinstatements for International Students
In a major policy reversal, the federal government has announced that it will reinstate SEVIS records for international students whose registrations were recently terminated following criminal record screenings. Many of these terminations were based on minor infractions, such as traffic citations or charges that were ultimately dismissed.
Although this decision restores active SEVIS status, it does not reinstate canceled F-1 visa stamps, which must be reissued through consular processing. DHS also confirmed that moving forward, it will not cancel SEVIS status based solely on a criminal records check.
Employers relying on F-1 students under CPT or OPT should coordinate with designated school officials to confirm status validity and ensure ongoing compliance.
New State Department Visa Interview Tools
On April 30, 2025, the U.S. Department of State launched two online tools designed to increase transparency in the visa scheduling process. These tools can help employers better plan assignments and onboarding for foreign nationals requiring consular processing.
New Tools Now Available:
- Immigrant Visa (IV) Scheduling Status Tool — Tracks appointment scheduling progress at U.S. consulates and embassies worldwide.
- Global Visa Wait Times Tool — Publishes estimated interview wait times for nonimmigrant visa categories by location.
HR professionals and mobility teams should incorporate these tools into visa planning, especially when deploying new hires or transferring personnel abroad.
TPS and EAD Validity Extended for Venezuelans
A federal court has issued a preliminary injunction blocking DHS’ attempt to terminate TPS for Venezuelan nationals. As a result, eligible individuals who registered under the 2023 designation are now granted an automatic extension of employment authorization through April 2, 2026.
No additional documentation is required at this time beyond retaining a copy of the relevant Federal Register notice. Employers should confirm any I-9s relying on TPS-based EADs remain valid and ensure that internal records reflect the extension period.
June 2025 Visa Bulletin: Modest Advancement in EB-2 and EB-3 Categories
The State Department’s June 2025 Visa Bulletin shows incremental forward movement in certain employment-based green card categories. The United States Citizenship and Immigration Services (USCIS) has confirmed it will use the Final Action Dates chart for Adjustment of Status filings in June.
Key Updates:
- EB-2 Worldwide: Advances ~four months to October 15, 2023
- EB-2 China: Advances two months to December 1, 2020
- EB-3 Worldwide: Advances five weeks to February 8, 2023
- EB-3 China: Advances three weeks to November 22, 2020
- All Indian EB categories: No movement
Employer Considerations:
Filing Adjustment of Status applications should be prioritized for eligible employees with current priority dates. With ongoing backlog issues and potential retrogression later in FY2025, employers may also want to file I-140s proactively to strengthen retention and extension options.
FDNS Site Visits: Increased Enforcement for H-1B and L-1 Employers
Recent enforcement trends suggest an uptick in unannounced site inspections by the FDNS. These visits are designed to confirm that employers are complying with the terms of approved H-1B and L-1 petitions. Site visits may now also extend to home offices in remote or hybrid work settings.
What to Expect During a Site Visit:
- Interviews with HR representatives, supervisors and sponsored foreign workers.
- Review of payroll records, job descriptions and organizational charts.
- Physical inspection of the work location and employee’s assigned space.
- Questions about job duties, salaries, reporting structures and client relationships (if applicable).
Preparation Tips:
- Designate a company point of contact for each worksite to manage visits.
- Maintain updated records and copies of all filed petitions.
- Train reception/security staff on how to respond and notify appropriate personnel.
- Advise foreign workers about the potential for home visits and coach them on basic petition facts.
Discrepancies between petition details and current job duties, work locations or wages may trigger compliance concerns — or even referrals to Immigration and Customs Enforcement (ICE). Employers are strongly encouraged to conduct internal audits now and consult legal counsel to prepare.
