May 2025 Visa Bulletin Shows Slight Advancement for EB-3 India and Retrogression for EB-5 India
The Visa Bulletin for May 2025 shows slight forward movement in the final action dates for EB-3 India, and retrogression for EB-5 India. The bulletin remains consistent in the EB-1 and EB-2 categories for all countries.
Quick Hits
The May 2025 final action dates in the EB-3 categories are unchanged for all countries except India, which has moved ahead by two weeks.
The May 2025 final action dates in the EB-5 categories are unchanged for all countries except India, which has retrogressed by six months.
U.S. Citizenship and Immigration Services (USCIS) has confirmed it will accept adjustment of status applications based on the final action dates chart in May 2025.
Source: U.S. Department of State, May 2025 Visa Bulletin
The final action dates chart shows only slight movement since the final action dates chart in the April 2025 Visa Bulletin of the following categories and countries:
EB-3 India has advanced two weeks from April 1, 2013, to April 15, 2013.
EB-5 India retrogressed six months from November 1, 2019, to May 1, 2019.
Next Steps
Starting May 1, 2025, individuals with a priority date earlier than the listed final action date can file a Form I-485, Application to Register Permanent Residence or Adjust Status.
The New Alien Registration Requirement: Considerations for Foreign Nationals
The Department of Homeland Security (DHS)’s Alien Registration Requirement, effective April 11, 2025, requires most noncitizens aged 14 and older who remain in the United States for over 30 days, to register and complete biometrics. Parents or guardians are responsible for registering minors under 14, and individuals turning 14 must re-register within 30 days of their birthday. The registration can be completed by filing Form G-325R through an individual USCIS online account. This registration does not grant any immigrant or nonimmigrant status. Once an individual has registered and completes fingerprinting, DHS will issue the proof of registration, which anyone over the age of 18 will be required to carry and keep in their personal possession at all times.
However, many individuals are already considered registered and not required to register, including:
lawful permanent residents;
individuals paroled into the United States under INA 212(d)(5) for urgent humanitarian reasons or significant public benefits, even if the period of parole has expired;
individuals admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
all individuals present in the United States who were issued immigrant or nonimmigrant visas in their passports at the U.S. consular posts abroad before their last date of arrival;
individuals placed into removal proceedings;
individuals issued an employment authorization document;
individuals who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
individuals issued border crossing cards.
For additional information about the Alien Registration Requirement, please refer to the Q&A section below. According to USCIS:
Q: What is “alien registration”?
A: Alien registration is a federal legal requirement under Section 262 of the Immigration and Nationality Act (INA). It requires most noncitizens who remain in the United States for more than 30 days to register with DHS, provide biometric information (like fingerprints), and carry evidence of registration at all times if age 18 or older.
Q: Why is this being enforced now?
A: On Jan. 20, 2025, President Trump issued Executive Order 14159, directing DHS to ensure that noncitizens comply with the registration requirement and to treat failure to register as a civil and criminal enforcement priority. As of April 11, 2025, DHS began enforcing this process and introduced the online registration process.
Q: Who must register?
A: Anyone who falls into “not registered” category, if:
you are aged 14 or older and have not registered and fingerprinted when applying for a visa to enter the United States and remain in the United States for 30 days or longer;
you entered the United States without inspection or parole;
you were not fingerprinted during your visa application or entry;
you are the parent or guardian of a child under 14 who has not been registered; or
you are a child who just turned 14 and were previously registered by a parent
Q: Who is considered “Not Registered”?
A:
Individuals present in the United States without inspection and admission OR inspection and parole and who have not otherwise registered.
Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration.
Individuals who were not fingerprinted during a visa application or entry.
Individuals who submitted applications for deferred action or TPS who were not issued evidence of registration.
Q: Who is exempt from registration?
A: You are exempt if you are:
a holder of an A or G visa (diplomatic or international representatives); or
a nonimmigrant who DHS waived from fingerprinting (e.g., diplomats, certain short-term visitors under reciprocal arrangements).
Q: How do I know if I’ve already registered?
A: Anyone who has been issued one of the documents designated as evidence of registration is considered “already registered,” including:
lawful permanent residents;
you filed a qualifying form such as:
Form I-485 (adjustment of status),
you were fingerprinted (biometrics) by USCIS; or
you were issued any of the following:
I-94/I-94W
Green card (I-551)
Employment authorization document (I-766)
Notice to appear (I-862) or other DHS-issued removal notices
Border crossing card (I-185/I-186)
Q: What does not count as registration?
A: The following documents are not considered evidence of registration:
a state driver’s license or ID;
an application for TPS, DACA, or asylum without an approved registration form or DHS fingerprinting; and
entering via land border as a Canadian or Mexican national without receiving DHS documentation.
Q: How do I register if I haven’t already?
A: To register properly, follow these steps:
Create a USCIS online account at https://my.uscis.gov, if not already created. If you are registering a minor child, create an account on their behalf.
Complete Form G-325R (Biographic Information – Registration) online through your USCIS account.
Biometrics Appointment: After submitting the form, you will receive a biometrics appointment notice.
Attend your biometrics appointment at an USCIS Application Support Center.
Download Proof of Registration: Once processed, download your proof of alien registration PDF from your USCIS account.
Note: If you are 18 or older, you must carry this registration at all times.
Q: Is there a fee to register?
A: Currently, there is no fee. The registration is free, including the biometric appointment. DHS is considering a $30 biometric services fee in the future.
Q. What happens if I don’t register?
A: Failure to comply with the register requirement or carry proof of registration may result in:
a misdemeanor charge;
fines up to $5,000;
imprisonment for up to 30 days; and
deportation proceedings under INA § 237 unless an individual can prove that a failure was reasonable, excusable, or was not willful.
Note: False statements during registration may also lead to criminal prosecution and deportation.
Q: What happens if I change my address?
A: You must report a change if address to USCIS within 10 days of moving. This can be completed through your USCIS account by completing Form AR-11 online.
Q: After registering, what else do I need to do?
A: You must:
carry your registration document at all times if you are 18 or older;
file AR-11 with USCIS within 10 days of any address change; and
re-register if you were registered as a child and just turned 14.
Q: Can I use the registration document for work or immigration benefits?
A: No. Alien registration is not an immigration status, does not create an immigration status, establish employment authorization, or provide any other rights, public benefits, or protection from removal.
Turkish citizenship legal basics: Your obligations, rights, and benefits
Türkiye offers a pathway to citizenship for investors through its Citizenship by Investment Program. This program provides several advantages, including the possibility of acquiring a Turkish passport, which comes with various rights and privileges. Vladlena Baranova, Lawyer, AML Compliance officer at Immigrant Invest, certified CAMS specialist, will explore the legal basics of Turkish citizenship, focusing […]
CBP Unlawfully Detains U.S. Citizen for 10 Days
In April 2025, 19-year-old Jose Hermosillo, a U.S. citizen from New Mexico, was detained by Border Patrol agents in Nogales, Arizona, for nearly 10 days under suspicion of being an undocumented immigrant. Despite Hermosillo’s consistent claims of U.S. citizenship, agents alleged he admitted to entering the U.S. illegally. His release came only after his family provided documentation, including a birth certificate and Social Security card. A federal judge dismissed the case on April 17, 2025.
This incident underscores concerns about civil liberties and due process amid aggressive immigration enforcement policies. Between 2015 and 2020, 674 U.S. citizens were arrested by Immigration and Customs Enforcement (ICE), with 70 being deported. Critics argue that such policies can lead to violations of constitutional rights, particularly for individuals who may be wrongfully detained.
The broader context includes increased militarization of the U.S.-Mexico border. In January 2025, the Trump administration reinstated the “Remain in Mexico” policy and announced plans to deploy troops to the border, citing concerns over public safety and national security. These measures have sparked debate over the balance between border security and the protection of individual rights.
Jose Hermosillo’s case serves as a poignant example of the potential consequences of stringent immigration enforcement on U.S. citizens. It highlights the need for careful consideration of policies to ensure they do not infringe upon the rights of those they aim to protect.
Navigating the New Era of Workplace Immigration Enforcement: A Comprehensive Guide for HR Professionals
In 2025, the Trump administration has intensified immigration enforcement, leading to a notable increase in workplace raids conducted by U.S. Immigration and Customs Enforcement (ICE). Industries such as manufacturing, agriculture, construction, hospitality, and food processing are particularly affected. These raids often result in the sudden loss of workers and potential administrative and criminal penalties for employers.
Understanding ICE Raids
ICE raids are typically unannounced and occur when the agency suspects a business of employing undocumented workers. During these raids, agents may seize documents like payroll records, I-9 forms, and tax documents. Unauthorized workers found on-site can be arrested.
Proactive Measures for HR Departments
To mitigate risks and ensure compliance, HR professionals should consider the following steps:
Audit and Remediate I-9 Forms Regularly review I-9 forms to ensure accuracy and completeness. Consider partnering with immigration compliance experts to conduct thorough audits and address any discrepancies.
Develop a Preparedness Plan Collaborate with legal counsel to create a comprehensive plan outlining procedures for various types of ICE visits. This plan should include guidance on determining the nature of the ICE visit and steps to take in response. citeturn0search5
Establish Communication Protocols Assign specific roles to key personnel, such as HR, security, and reception, in the event of an ICE visit. Create a concise “cheat sheet” with step-by-step instructions for responding to ICE agents.
Train Staff Appropriately Provide training materials to prepare staff for potential ICE visits. Ensure they understand their rights and responsibilities, and how to handle interactions with ICE agents professionally and legally.
Addressing Employee Concerns
Beyond legal compliance, it’s essential to support employees who may be affected by increased immigration enforcement. Provide resources to help them understand and navigate their immigration status and foster a workplace culture that values diversity and inclusion.
Conclusion
The heightened focus on immigration enforcement necessitates that HR professionals take proactive steps to prepare their organizations. By auditing I-9 forms, developing response plans, establishing communication protocols, and supporting employees, businesses can navigate this challenging landscape effectively.
Crossing Borders with Electronics: Know Your Rights and Risks
With increasing digitalization of our lives and businesses, privacy concerns from border searches of phones, laptops and tables are a growing concern for professionals, executives, and frequent international travelers. U.S. Customs and Border Protection (CBP) has broad authority to inspect travelers and their belongings at ports of entry. This includes electronic devices, which may be searched without a warrant under what’s known as the “border search exception” to the Fourth Amendment.
In 2024, CBP conducted approximately 47,047 border searches of electronic devices, including 42,725 basic media searches, 4,322 advanced media searches, 36,506 non-U.S. citizen electronic media searches and 10,541 U.S. citizen electronic media searches. Notably, there has been a recent string of legal U.S. residents (people with work visas, permanent resident cards, etc.) facing deportation or visa revocation based on information discovered on their electronic devices.
In one case, a Lebanese physician was deported after CBP officers found photos and videos related to Hezbollah on her cellphone. In another, an Indian Ph. D student at Columbia University had her visa revoked following scrutiny of her social media activity and participation in campus protests. Last month, a French scientist was denied entry to the U.S. after Department of Homeland Security (DHS) alleged he was carrying confidential information from an American lab. However, the French government claimed he was targeted for expressing political opinions on the U.S. government.
Although U.S. citizens generally cannot be denied reentry for refusing to unlock a phone, CBP agents can detain a device for further inspection. As for non-citizens, they may face additional consequences, including delays, detention or denial of entry. The line between what is permissible and what is excessive remains unsettled, as federal courts across the country have issued conflicting rulings.
CBP classifies device searches into two categories, a basic search and an advanced search. A basic search is a manual inspection of an unlocked device and can be conducted without suspicion. An advanced search involves connecting the device to external equipment for forensic review and requires “reasonable suspicion” that the device contains unlawful material. Although CBP and ICE policies remain in effect, some courts have begun to push back on this authority, particularly in cases involving U.S. citizens.
Border Search Cases and 2018 DHS Policy
Courts consistently uphold the “border search exception”, reasoning that the government’s interest in controlling who and what enters the country is at its highest at the border. As the Supreme Court explained in United States v. Ramsey and later reaffirmed in United States v. Flores-Montano, routine, suspicion-less searches of persons and property at the border are generally considered “reasonable” by virtue of the location.
In the past two decades, as digital privacy concerns have grown, courts have increasingly grappled with how these principles apply to smartphones, laptops, and other electronic devices. To address this evolving legal landscape, the DHS issued a policy directive in 2018 requiring that forensic or advanced searches of electronic devices be supported by reasonable suspicion. However, in general, border searches of electronic devices do not require a warrant or suspicion.
United States v. Smith: change from reasonable suspicion to probable cause?
The reasonable suspicion framework was disrupted in May 2023, when Judge Jed Rakoff of the Southern District of New York issued a groundbreaking decision in United States v. Smith, holding that the government must obtain a warrant supported by probable cause before searching and copying an American citizen’s phone at the border, absent exigent circumstances.
In this case, Jatiek Smith was stopped by CBP officers at Newark Liberty International Airport in March 2021. He had been under investigation by DHS Investigations and the FBI before his arrival, and federal agents used CBP’s border authority as a means to conduct a search without seeking a warrant. Agents forced Smith into revealing his phone password under the threat of indefinite detention, copied the contents of his device, and returned it. Weeks later, the government obtained a search warrant for the data it had already reviewed and later secured a wiretap based in part on the findings from the initial search.
Judge Rakoff ruled that this process violated Smith’s Fourth Amendment rights. Relying heavily on the Supreme Court’s reasoning in Riley v. California, which held that law enforcement must obtain a warrant before searching an arrestee’s cell phone, Judge Rakoff reasoned that the vast quantity and sensitivity of digital information carried on modern devices demands greater constitutional protection and the border search exception did not justify the warrantless search and forensic copying of Smith’s phone.
Despite finding a constitutional violation, the court declined to suppress the evidence under the “good faith” exception. Judge Rakoff concluded that the agents had reasonably relied on existing CBP policy and that a subsequently obtained warrant covered much of the forensic review.
This case is currently on appeal at the Second Circuit. Smith remains a bold but isolated ruling. Judge Rakoff’s decision has not gained traction in other jurisdictions and in 2023, the Fifth Circuit declined to adopt Judge Rakoff’s reasoning in a similar case. To date, CBP has not issued any new guidance or directives in response. Whether Smith signals the start of a broader judicial shift, or remains an outlier cautionary case, will likely be determined by future decisions. In the meantime, individuals should assume that their devices may be subject to search or seizure at the border, even without a warrant. Therefore, to preserve digital privacy prepare accordingly. If a device is seized or an individual is detained, they should promptly contact a lawyer knowledgeable in border search and digital privacy law.
Key Takeaways
Travel light, digitally.Travelers should consider carrying “clean” devices that contain only the data needed for the trip. If a device is seized, having only limited data can help ensure a faster review and return, with less risk of compromising privacy or confidentiality.
Device searches are not limited to phones and laptops.Border agents may search any electronic storage device, including flash drives, portable hard drives, SIM cards, and other accessories. Travelers should consider removing or securing peripheral media before traveling.
Encryption and shutdown protocols matter.Ensure all devices are protected with full-disk encryption and power them off before arrival. (Apparently, CBP are able to remotely access devices in the customs areas.)
All documentation must be updated and valid.Non-citizens who are required to have a visa or work permit for entry need to ensure all documentation is valid (i.e. not expired or incomplete). Otherwise, the traveler will be turned away or possibly detained.
Protect your confidential and sensitive information. While device seizure at the border does not automatically signal a criminal investigation, information obtained during a border search may later be used in criminal, civil or immigration proceedings. Importantly, many travelers carry sensitive or protected data – such as trade secrets, privileged communications, HIPAA protected medical information, or confidential financial information on their devices. These categories of data may not be adequately protected from disclosure during a border search. Consulting with counsel in advance of travel can help protect this information appropriately.
Organizations should develop internal guidance.Employers, universities, and other institutions whose personnel travel internationally should consider developing clear protocols for cross-border travel with sensitive information. Consulting with counsel in advance of travel, particularly for individuals in sensitive roles, can help mitigate legal and reputational risks. It is important to know your risks and rights at the border.
State Department Revokes Existing Visas and Bans the Issuance of New Visas for South Sudanese Passport Holders
On April 5, 2025, the U.S. Department of State announced it was taking immediate action to revoke all existing visas and ban the issuance of any new visas for all South Sudanese passport holders.
Quick Hits
The United States will revoke all existing visas held by South Sudanese passport holders.
U.S. consulates and embassies abroad will be prevented from issuing any new visas for South Sudanese passport holders.
South Sudanese passport holders who are not currently in the United States are banned from entering the United States until further notice.
Secretary of State Marco Rubio issued a press release announcing that the State Department would take immediate action to revoke any existing visas and prevent the issuance of any new visas for any individual holding a South Sudanese passport. Secretary Rubio stated that the State Department was implementing this ban in response to the South Sudan transitional government’s refusal to accept South Sudanese citizens who had been ordered removed from the United States.
How Long Will the Restrictions Last?
It is unclear how long this ban will be in effect. The State Department noted that it would review the visa revocation and ban if the South Sudanese government began accepting its returning citizens in cooperation with U.S. removal efforts.
South Sudan was one of the forty-three countries under consideration for a travel ban earlier this month. There are no indicators as to whether the State Department will issue bans for other countries on the list at this time.
Federal Judge Order Suspends Termination of Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) Parole Program
On April 14, 2025, a Massachusetts federal district court judge issued a temporary nationwide order suspending the U.S. Department of Homeland Security’s (DHS) termination of the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole program. The termination was set to take effect on April 24, 2025, and would have ended parole authorization and any associated benefits, including work authorization for individuals in the United States under the CHNV parole program. The judge’s decision stays or suspends the categorical cancellation of this program.
Quick Hits
A federal district court judge has issued a temporary nationwide order halting the U.S. Department of Homeland Security’s termination of the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole program, which was set to end on April 24, 2025.
This decision allows individuals under the CHNV parole program to stay in the United States and maintain their work authorizations until their current parole periods expire.
The court’s order provides temporary relief while further litigation is pending, but individuals will need to seek alternative immigration options to remain in the United States beyond their parole periods.
Background
Section 212(d)(5)(A) of the Immigration and Nationality Act (INA) authorizes the secretary of homeland security, at the secretary’s discretion, to “parole into the United States temporarily under such conditions as he [or she] may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States.” Parole allows noncitizens who may otherwise be inadmissible to enter the United States for a temporary period and for a specific purpose.
The Biden administration implemented a temporary parole program for Venezuelans in October 2022, and later expanded the parole program to include Cubans, Haitians, and Nicaraguan nationals in January 2023. Individuals within this program apply for an Employment Authorization Document (EAD) in the (c)(11) category. The Biden administration announced in October 2024 that it would not extend legal status for individuals who were permitted to enter the United States under the CHNV parole program, but encouraged CHNV beneficiaries to seek alternative immigration options.
On March 25, 2025, DHS published a Federal Register notice announcing the immediate termination of the CHNV parole program. The termination was set to take effect within thirty days of the date of publication of the notice, or April 24, 2025. On April 14, U.S. District Court Judge Indira Talwani, of the U.S. District Court for the District of Massachusetts, issued a nationwide order staying or temporarily suspending the implementation of the categorical termination of the CHNV parole program.
Key Takeaways
Pending further litigation, the federal district judge’s order results in the following:
Individuals paroled into the United States pursuant to the CHNV parole programs may remain in the United States through their originally stated parole end date.
Employment Authorization Documents (EADs) issued to individuals admitted under the CHNV parole programs will remain valid through the expiration date listed on the EAD.
Individuals seeking to remain in the United States past the expiration of their parole periods must seek an alternative immigration status to remain in the United States.
New Immigration Registration Rule for Foreign Nationals (US)
Effective April 11, 2025, certain foreign nationals in the US must register online with the Department of Homeland Security (DHS), while others are already registered based on their status. This requirement is based on a 1940 law that mandates every foreign national who is in the US for 30 days must be registered and fingerprinted and DHS issued an Interim Final Rule (IFR) to update the registration regulations, introducing a new online process for unregistered foreign nationals.
Who Needs to Register:
Registration is required for all foreign nationals staying in the United States for more than 30 days who are not already registered, or do not already hold a document that qualifies as registration. This includes:
Foreign nationals who entered without inspection (EWI): Anyone seeking to stay in the US more than 30 days without having been officially inspected and admitted by US authorities.
Visa-exempt Canadians: Those entering the US for business or tourism at a land port of entry, but were not issued a Form I-94, and staying for 30 days or more.
Foreign nationals turning 14 years of age: Those who have been in the US for 30 days or more, regardless of previous registration status, with some exceptions, must register or re-register within 30 days after turning 14 and undergo fingerprinting.
Individuals Already Registered and Those Exempt from the Registration Requirement:
Most foreign nationals already in the US, pursuant to a lawful admission as a visitor or a nonimmigrant worker, do not need to register if they were issued any of the following documents:
An immigrant or non-immigrant visa, issued by a US Consulate;
A green card (permanent resident card);
An I-94 admission record (received by nearly all entrants at airports or land entry points);
An employment authorization document (EAD);
Humanitarian parole under INA 212(d)(5), even if the period of parole has expired;
A Notice to Appear (NTA) issued when a foreign national is placed into deportation proceedings; or
A border crossing card.
In addition, the following are exempt from the registration requirement:
Diplomats holding A or G visas;
Those in the US for less than 30 days; and
Certain Native Americans born in Canada who entered the United States under INA, Section 289.
Registration Process:
Individuals required to register must create a USCIS account, including separate accounts for children. Detailed registration requirements and steps are available on the USCIS website. The process involves:
Completing Form G-325R (Biometric Information) online through the USCIS website.
Submitting biometric data (e.g., fingerprints) and undergoing a background check.
Upon successful registration, downloading and printing the “Proof of Alien Registration” document from their myUSCIS account.
Legal Obligations of Proof of Registration and Change of Address:
Those who are obligated to register will receive a “Proof of Alien Registration” document in their myUSCIS account, which they must print and carry at all times.
Those who don’t need to register must still carry proof of registration at all times (e.g., those with an I-94 must carry a copy of the I-94).
All foreign nationals, including those exempt from this registration requirement, must notify USCIS, through submission of Form AR-11, of any residential address change within 10 days.
Acceptable Proof of Registration Documents for Those Who Don’t Need to Register:
A valid, unexpired electronic Form I-94 admission record (available online).
An I-797 approval notice, which typically includes the I-94 record.
A US Customs and Border Protection passport admission stamp.
A Form I-551 Permanent Resident Card (green card).
A Form I-766 Employment Authorization Document (EAD).
Consequences of Not Registering, Carrying Proof, or Timely Reporting Change of Address:
Foreign nationals who are 18 years or older must carry proof of registration at all times. Failure to comply with registration requirements carries serious penalties:
Willful failure or refusal to register: A misdemeanor punishable by a fine up to $5,000, imprisonment up to six months, or both.
Failure to carry proof of registration: A misdemeanor punishable by a fine up to $5,000, imprisonment up to 30 days, or both.
Failure to report a change of address: A misdemeanor punishable by a fine up to $5,000, imprisonment up to 30 days, or both, and potential detention or removal unless the failure was reasonably excusable or not willful.
Key Takeaways:
The new DHS online registration rule aims to streamline compliance with INA requirements but imposes strict obligations on specific noncitizen groups. Noncompliance can lead to severe legal consequences, including fines, imprisonment, or removal. Affected individuals should promptly register, carry proof of registration, and seek legal counsel if their immigration status is unclear. Squire Patton Boggs will continue to monitor developments regarding the Alien Registration Requirement and post relevant updates.
International Students Face Visa Revocations and Status Terminations – What Does that Mean for Higher Education Institutions?
Over the past two weeks, institutions of higher education have been faced with the challenges of notifying members of their campus communities about visa revocations and status terminations, and advising affected international students on what to do next. Unlike more high-profile immigration cases that followed student protest activity, the latest round of visa revocations and status terminations appear to be happening because students are “failing to maintain status.” But what does that mean and how should institutions react?
To understand the impact, the meaning of key terms like “visa” and “status,” have to be understood, because they are distinct concepts in U.S. immigration law. When people speak of how long someone can stay in the United States, they might say “their visa expires in June” or “they have to leave because their visa is expiring,”; such statements are technically incorrect, however, because they confuse a visa with status.
While a visa is a critical immigration document, it does not actually determine how long someone can stay in the United States. A visa is issued by the U.S. government and allows a noncitizen to apply for entry to the country, but does not guarantee that the noncitizen will be actually allowed to enter or remain in the United States. In contrast, a noncitizen’s status determines how long and under what conditions they can stay in the United States. Notably, noncitizens can change status, for example from F-1 student status to H-1B specialty occupation status, without ever leaving the United States.
Most higher education students come to study in the United States. on an F-1 student visa. F-1 visas are issued by the U.S. Department of State. Once students enter the United States., they are granted F-1 student status, and their F-1 status is tracked by the Department of Homeland Security’s Student and Exchange Visitor Program (SEVP). As long as a student continues to maintain their F-1 student status, the requirements of which are set by law, they are permitted to remain in the United States.
While visa revocations have not traditionally been common, they are a tool available to immigration authorities. One of the scenarios that has historically led to visa revocation is an arrest for driving under the influence (DUI) leading to a visa revocation on health-related grounds (on the basis of suspected alcoholism or other substance abuse issues). A visa revocation, while significant, only impacts a person’s ability to return to the United States. following international travel. It does not impact status. An F-1 student can have their F-1 visa revoked, expire or cancelled, but can still remain in the United States with their valid F-1 student status.
Termination of status, however, ends a person’s permission to stay in the United States. A student’s F-1 student status can be terminated if a student “fails to maintain status” or due to an agency “termination of status.” Historically, a student’s failure to maintain their F-1 status was reported by the colleges and universities themselves if, for example, an international student engaged in unauthorized employment, failed to maintain a full course of study, or was convicted of certain crimes. The agency-initiated termination of status is limited by statute.
During the past two weeks, the U.S. government has changed its practices related to visa revocations and status terminations, and has begun terminating international students’ F-1 student status, either in addition to or instead of revoking their F-1 visas. As a result, F-1 students whose F-1 student status has been terminated no longer have permission to stay in the United States, even if they have a valid F-1visa.
Institutions are finding out about students’ F-1 status terminations by auditing their SEVIS (Student and Exchange Visitor Information System) record. SEVIS is a web-based system that colleges and the Department of Homeland Security use to maintain information about F-1 students. In some cases, students report being unaware that their F-1 status had been terminated until they receive outreach from their school after such audits, because they received no communication from the U.S. government about their status termination.
These changes have caused stress and uncertainty for institutions of higher education and their international students. In light of concerns expressed by higher education clients, we suggest that clients and higher education institutions work closely with in-house counsel, and recommend international student offices to keep abreast of the latest developments in this area. Specifically, colleges and universities should:
Regularly check SEVIS to determine if students’ F-1 status has been terminated and communicate any developments to the affected students as soon as possible.
Prepare to refer international students to immigration lawyers for individualized assistance. Many institutions of higher education have referral lists, but legal clinics available on some campuses are also an option.
Consider options for international students who may choose to leave the United States, specifically how they can continue their studies or transfer to another college or university in their home country. These considerations may be especially important or acute for graduate-level students engaged in fellowships, research, and TA-ships on campus.
Prepare for possible federal immigration enforcement activity on or around campus, including the types of requests for information federal agencies might make, and the institution’s obligations under state and federal law.
Develop and implement a plan to handle campus community and leadership, local community, and political concerns. In addition to planning for internal and external communications, expect that individual immigration cases and class action lawsuits related to F-1 visa revocations and F-1 status terminations may occur.
International Students Face Visa Revocations & Status Terminations – What Does that Mean for Higher Education Institutions?
Over the past two weeks, institutions of higher education have been faced with the challenges of notifying members of their campus communities about visa revocations and status terminations, and advising affected international students on what to do next. Unlike more high-profile immigration cases that followed student protest activity, the latest round of visa revocations and status terminations appear to be happening because students are “failing to maintain status.” But what does that mean and how should institutions react?
To understand the impact, the meaning of key terms like “visa” and “status,” have to be understood, because they are distinct concepts in U.S. immigration law. When people speak of how long someone can stay in the United States, they might say “their visa expires in June” or “they have to leave because their visa is expiring,”; such statements are technically incorrect, however, because they confuse a visa with status.
While a visa is a critical immigration document, it does not actually determine how long someone can stay in the United States. A visa is issued by the U.S. government and allows a noncitizen to apply for entry to the country, but does not guarantee that the noncitizen will be actually allowed to enter or remain in the United States. In contrast, a noncitizen’s status determines how long and under what conditions they can stay in the United States. Notably, noncitizens can change status, for example from F-1 student status to H-1B specialty occupation status, without ever leaving the United States.
Most higher education students come to study in the United States. on an F-1 student visa. F-1 visas are issued by the U.S. Department of State. Once students enter the United States., they are granted F-1 student status, and their F-1 status is tracked by the Department of Homeland Security’s Student and Exchange Visitor Program (SEVP). As long as a student continues to maintain their F-1 student status, the requirements of which are set by law, they are permitted to remain in the United States.
While visa revocations have not traditionally been common, they are a tool available to immigration authorities. One of the scenarios that has historically led to visa revocation is an arrest for driving under the influence (DUI) leading to a visa revocation on health-related grounds (on the basis of suspected alcoholism or other substance abuse issues). A visa revocation, while significant, only impacts a person’s ability to return to the United States. following international travel. It does not impact status. An F-1 student can have their F-1 visa revoked, expire or cancelled, but can still remain in the United States with their valid F-1 student status.
Termination of status, however, ends a person’s permission to stay in the United States. A student’s F-1 student status can be terminated if a student “fails to maintain status” or due to an agency “termination of status.” Historically, a student’s failure to maintain their F-1 status was reported by the colleges and universities themselves if, for example, an international student engaged in unauthorized employment, failed to maintain a full course of study, or was convicted of certain crimes. The agency-initiated termination of status is limited by statute.
During the past two weeks, the U.S. government has changed its practices related to visa revocations and status terminations, and has begun terminating international students’ F-1 student status, either in addition to or instead of revoking their F-1 visas. As a result, F-1 students whose F-1 student status has been terminated no longer have permission to stay in the United States, even if they have a valid F-1visa.
Institutions are finding out about students’ F-1 status terminations by auditing their SEVIS (Student and Exchange Visitor Information System) record. SEVIS is a web-based system that colleges and the Department of Homeland Security use to maintain information about F-1 students. In some cases, students report being unaware that their F-1 status had been terminated until they receive outreach from their school after such audits, because they received no communication from the U.S. government about their status termination.
These changes have caused stress and uncertainty for institutions of higher education and their international students. In light of concerns expressed by higher education clients, we suggest that clients and higher education institutions work closely with in-house counsel, and recommend international student offices to keep abreast of the latest developments in this area. Specifically, colleges and universities should:
Regularly check SEVIS to determine if students’ F-1 status has been terminated and communicate any developments to the affected students as soon as possible.
Prepare to refer international students to immigration lawyers for individualized assistance. Many institutions of higher education have referral lists, but legal clinics available on some campuses are also an option.
Consider options for international students who may choose to leave the United States, specifically how they can continue their studies or transfer to another college or university in their home country. These considerations may be especially important or acute for graduate-level students engaged in fellowships, research, and TA-ships on campus.
Prepare for possible federal immigration enforcement activity on or around campus, including the types of requests for information federal agencies might make, and the institution’s obligations under state and federal law.
Develop and implement a plan to handle campus community and leadership, local community, and political concerns. In addition to planning for internal and external communications, expect that individual immigration cases and class action lawsuits related to F-1 visa revocations and F-1 status terminations may occur.
What Do Employers Need to Know About the New DHS Alien Registration Requirement?
As further implementation of the January 20, 2025 Executive Orders, DHS recently published an interim final rule regarding the requirement that certain non-citizens register with the U.S. Department of Homeland Security (DHS). The new rule went into effect on April 11, 2025.
The rule is intended to encourage registration for non-immigrants who lack legal status in the U.S. The following non-citizens are considered pre-registered and no action is needed: permanent residents, those with Employment Authorization Documents (EADs), those on sponsored work visas who have an I-94, their family members who have a valid I-94, and a few other categories. See our checklist below for more details.
Employers do not need to take any action at this time other than to continue to have an I-9 on file for all new hires and reverify the I-9 of any employee that has expiring work authorization.
Sheppard Mullin Checklist – DHS Alien Registration Requirement (ARR)
Date: Effective April 11, 2025.
Main Purpose: The new online filing is intended primarily to track individuals who entered the U.S. without inspection.
Exempt from the Online Filing: The registration requirement is aimed only at individuals who are not in the country legally and are not otherwise registered with the U.S. Government. Therefore, exempt individuals include non-citizens who are lawful permanent residents (LPRs), those who have an I-94, those who have an EAD work permit, or those who have an EOIR Immigration Court case. These people were “registered” at the time they entered the U.S., received their EAD work permit, or were placed in removal proceedings.
Canadians: Canadians entering by land generally do not receive an I-94 and if they stay more than 30 days, they are subject to the rule.
How to File: Must file online using Form G-325R. The form asks a for detailed biographic history. See: https://www.uscis.gov/alienregistration
Fee: There is no filing fee, as reflected on the G-325R.
No Attorneys: Attorneys cannot use their online account to assist their clients with registering.
Biometrics: Registration will trigger a biometrics appointment, which does not incur a fee at this time.
Children: Parents must register on behalf of children under the age of 14.
Penalty: Failure to register or produce proof of registration can lead to a misdemeanor conviction, with up to six months of imprisonment and/or a civil fine of $5,000.
Change of Address: All non-citizens must update their address whenever they move. This can be done online at https://www.uscis.gov/addresschange. The same penalties that apply to failing to register, also apply to a non-citizen’s failure to update their address upon moving.
All Non-Citizens Must Carry Papers: Non-citizens who are 18 years of age and older and have an I-94 or EAD work permit must carry this proof on their person at all times, in the unlikely event they are asked by a DHS agent for proof of lawful status. While this requirement is not new, it is being enforced more aggressively.
Additional information about the new DHS alien registration requirement can be found on USCIS’s website: https://www.uscis.gov/alienregistration.
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