Articles Posted in International Students

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In this video, attorney Jacob Sapochnick discusses new changes to the U.S. visa interview waiver policy announced by the State Department and what visa applicants need to know moving forward.

Effective September 2, 2025, the U.S. Department of State is making significant changes to the categories of applicants eligible for a nonimmigrant visa interview waiver. Under the new policy, most applicants, including children under 14 and seniors over 79, will generally be required to appear for an in-person interview with a U.S. consular officer—with a few notable exceptions.

These changes override the previous Interview Waiver Update issued on February 18, 2025, and will have wide-reaching implications for those planning to travel to the United States on a nonimmigrant visa.

Who May Qualify for an Interview Waiver After September 2nd?

Despite the overall tightening of interview requirements, some categories of applicants may still be eligible to skip the in-person interview, including:

  1. Certain Diplomatic and Official Visa Holders

Applicants under the following visa classes are exempt from the interview requirement:

  • A-1, A-2 (representatives of foreign governments)
  • C-3 (excluding attendants or personal staff)
  • G-1 through G-4 (representatives of international organizations)
  • NATO-1 through NATO-6
  • TECRO E-1 (Taipei Economic and Cultural Representative Office officials)
  1. Diplomatic or Official-Type Visa Applicants

Those applying for visas that support diplomatic or governmental missions may still be eligible for interview waivers.

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On July 15, 2025, U.S. Congresswoman Maria Elvira Salazar introduced the Dignity Act of 2025 known as H.R. 4393, a bipartisan immigration bill that aims to strengthen border security in the United States, provide certain undocumented immigrants with an opportunity to legalize their status, and reform the U.S. legal immigration system.

The bill is a revised version of the Dignity Act of 2023 and has been introduced in the House of Representatives.

In this video, attorney Jacob Sapochnick breaks down each section of the Dignity Act touching on the bill’s major goals such as:

  • Border Security and Enforcement
  • Reform of the Asylum System
  • Legalization for Dreamers and Other Undocumented Immigrants
  • Benefits for American Workers and
  • Modernizing Legal Immigration

Border Security and Enforcement

The bill’s first major goal is to decrease illegal immigration with several measures aimed at strengthening border security and immigration enforcement. The bill would mandate the nationwide implementation of E-Verify to ensure that only authorized individuals are employed in the U.S., helping to deter illegal immigration through the workforce.

U.S. employers would face civil penalties for knowingly hiring individuals who are not legally authorized to work in the United States, as well as new penalties for employees and employers who knowingly submit false information through E-Verify.

The bill also funds the construction and modernization of physical and technological border infrastructure, including surveillance systems and sensors to improve detection and response capabilities at the border. Approximately $10 billion would be distributed until 2030 for the construction and modernization of ports of entry. To promote accountability, the Act includes oversight requirements for immigration enforcement agencies like ICE. Together, these provisions are designed to improve border control, discourage unlawful entry, and restore public trust in the immigration system.

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On June 9, 2025, President Trump’s new travel ban took effect, blocking or limiting entry of nationals from 19 countries with limited exceptions. Framed as a national security measure, the order expands on his earlier bans, targeting nationals from countries with high visa overstay rates or those with limited cooperation with U.S. immigration enforcement.

Who is Impacted?

Full Suspension on 12 Country Nationals

Effective June 9th the travel ban suspends the entry of both immigrants and non-immigrants from 12 designated countries who are outside the United States and do not have a valid visa on the effective date of the proclamation, including Afghanistan, Burma, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.

However, several key exceptions apply for lawful permanent residents (LPRs), immediate family members of U.S. citizens, dual nationals, athletes and teams competing in major international sporting events such as the World Cup and the Olympics, and others (a full list of exceptions is provided below).

Partial Suspension on 7 Country Nationals

A separate provision of Trump’s travel ban also imposes heightened visa restrictions on nationals from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela who are outside of the United States and don’t hold a valid visa.

For individuals from these countries, entry into the U.S. is suspended for both immigrant and nonimmigrant travelers holding B-1, B-2, B-1/B-2, F, M, or J visas. Consular officers are directed to limit the validity of any other nonimmigrant visas issued to these nationals to the extent permitted by law.

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Are you a visa holder or permanent resident thinking of traveling overseas? Then, you won’t want to miss this important video, where we share our top 3 tips to smoothly re-enter the United States after temporary foreign travel for a safe and stress-free travel experience.

This information applies to:

  • Lawful Permanent Residents (Green card holders) and
  • Nonimmigrant Visa Holders

If you are a U.S. Citizen, do not worry as this information will not apply to you.

Overview

With the ongoing saga of detentions at U.S. ports of entry, and visa holders being questioned in secondary inspection, we can understand that re-entering the United States after traveling abroad can be a nerve-wracking experience, especially for green card holders and nonimmigrant visa holders.

Even with valid documentation, many travelers feel a sense of uncertainty as they prepare to face U.S. Customs and Border Protection (CBP) officers. Whether it’s your first time returning, or you’ve done it many times before, a little preparation can go a long way to ease your travel concerns under the Trump Administration.

In this post, we’ll share three practical tips to help reduce anxiety and make your return to the U.S. as smooth and stress-free as possible.

Although everyone’s situation is unique, these three tips can help you navigate U.S. Customs and Border Protection (CBP) with confidence.

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Over the past month, a new wave of visa revocations has caused panic among F-1 international students at college campuses nationwide.

In this video you will learn about what is happening, which students are being impacted, and how you can protect your immigration status moving forward.

Here’s What We Know

Without any prior notification, U.S. Immigration and Customs Enforcement (ICE) has been revoking visas and terminating SEVIS records for the following individuals:

  • Students who have had encounters with law enforcement
  • Students with criminal charges that have been dismissed
  • Students with very old misdemeanors pre-dating their most recent visa issuance
  • Students who have engaged in pro-Palestinian activism on college campuses and
  • Where the government learns that a student is working without lawful authorization

School officials first became aware of terminated F-1 student records after conducting routine checks of the Student & Exchange Visitor Information System (SEVIS). Still others became aware of their SEVIS termination after receiving an email directly from the State Department.

Why it’s Important

A student’s visa is the key that allows students to enter the United States, but their SEVIS record (known as Form I-20 Certificate of Eligibility for Nonimmigrant Student Status) is what determines their ability to remain inside the country. Students are allowed to remain until their “Admit Until Date” or D/S Duration of Status. This means a student can remain in the U.S. for as long as they comply with the terms of their F-1 visa.

Once an F-1 student’s SEVIS record is terminated, they automatically lose lawful status and are subject to removal from the United States if they do not leave the U.S. immediately. Under the Trump administration, F-1 visa holders admitted for “duration of status” begin accruing unlawful presence the day after their status ends.

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You have just learned that your work visa petition has been approved by the U.S. Citizenship and Immigration Services (USCIS). Now you are ready to attend your Consular visa interview bringing you one step closer to achieving your dream of working in the United States.

Unfortunately, receiving a USCIS approval notice does not guarantee the successful issuance of a visa by the U.S. Consulate. In fact, for some unlucky few that fail to pass their visa interview, the U.S. government can still revoke or cancel a petition that was previously approved by USCIS.

What can you do in this situation? Is this the end of the road? Learn everything you need to know about this important subject in this video.

Overview

Can the State Department revoke a work visa petition that was previously approved by USCIS?

Unfortunately, yes. After receiving an approval notice from USCIS, work visa applicants must still attend an in-person Consular interview to demonstrate their eligibility for the visa classification they are seeking. A Consular officer will question the applicant further to ensure they qualify for the visa and may request further evidence.

When a Consular visa interview goes south, not only can the visa application be denied, but the Consulate can also direct USCIS to revoke the underlying petition that was previously approved by the agency.

The petition revocation process begins when the State Department returns the application to USCIS along with the results of any investigation they have conducted.

Once USCIS has received the returned petition and the results of the investigation, they will issue a Notice of Intent to Revoke (NOIR) to the petitioner of the previously approved petition. The NOIR will include details about USCIS’ plans to revoke the underlying petition, as well as the discovery of new, derogatory information leading to the visa denial. A statement of facts underlying the revocation will be provided along with any evidence supporting the revocation.

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The Department of Homeland Security (DHS) recently published a final rule in the Federal Register aimed at modernizing the H-1B and H-2 work visa programs.

In this video, attorney Jacob Sapochnick shares the ways in which the final rule will impact H-1B workers, H2 workers, and their employers. In general, these changes will make it easier for H-1B workers to obtain visa renewals in the new year and will prevent workplace interruptions for F-1 international students seeking to change their status to H-1B.

The final rule impacting H-2 temporary workers will allow U.S. companies to hire seasonal workers more quickly and more efficiently than ever before.

H-1B Final Rule Highlights

  • Modernizes the definition and criteria for H-1B specialty occupations
  • Introduces cap-gap protections for F-1 students seeking a change of status to H-1B
  • Streamlines the processing of applications for individuals who were previously approved for an H-1B visa
  • Allows H-1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status subject to certain conditions
  • Clarifies that employers must have a legal presence in the United States

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The American people have spoken. Donald Trump will return to the White House on January 20, 2025, becoming the next President of the United States.

This past month, the Trump administration has been busy laying the groundwork to implement stricter border policy measures, strike-down Biden-era immigration policies, and put in motion the large-scale deportation of undocumented immigrants.

But how could a Trump presidency impact legal immigration?

In this video, attorney Jacob Sapochnick explains what we can expect to see from the incoming Trump administration, with a specific focus on the changes that could impact business immigration law. You will learn about the five major changes that employers and foreign workers should consider in the months ahead.

If you’re an employer looking to hire foreign talent, or are actively employing foreign workers, then you won’t want to miss this video. If you’re a foreign worker going through the visa process, or thinking of applying for a visa, we will share with you the insider information you need to know to ensure your process is successful.

Want to know more? Just keep on watching

Overview

The Trump administration’s immigration policies are expected to impact workers in all industries. Individuals close to the President elect have revealed that they are preparing executive actions on immigration to be rolled out soon after Trump takes office in January.

Here are the top five ways that Trump’s immigration policies will impact business immigration.

#1 The Use of Executive Orders

During his first term in office, Donald Trump relied heavily on executive orders to bring about far-reaching changes in immigration policy, including his notorious “Muslim travel ban.”

As you may recall, in 2017 President Trump signed an executive order banning people from six Muslim-majority countries, from entering the United States for a period of 90 days. These countries were Iran, Iraq, Libya, Somalia, Syria, and Yemen.

The executive order prevented nationals from entering, even if they held visas to travel to the United States, causing wide-spread family separation for those seeking to be reunited with their spouses, parents, and children in the United States.

Upon taking office, we expect President Trump to issue a series of executive orders that will restrict the admission of certain foreign nationals to the United States and codify his hardline immigration policies.

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If you are currently going through the immigrant visa process and are waiting for your interview to be scheduled at a U.S. Consulate or Embassy overseas, then you won’t want to miss this important video. In this video attorney Jacob Sapochnick shares the latest updates regarding the operational capacity of U.S. Consular posts and Embassies worldwide as of June 2024.

Annual Numerical Limits – Visa Bulletin

Please note that certain categories of immigrants are subject to annual numerical limits which means that applicants must wait until an immigrant visa becomes available to them, before they can be scheduled for an immigrant visa interview at a Consulate overseas.

These include unmarried sons and daughters of U.S. Citizens, spouses and children of permanent residents, unmarried sons and daughters (21 years or older) of permanent residents, married sons and daughters of U.S. Citizens, and brothers and sisters of adult U.S. Citizens.

Additionally, all employment-based immigrant visa categories are subject to annual numerical limits.

If any of the above-mentioned categories apply to you, you must check the Visa Bulletin every month to determine whether your priority date is current according to your preference category and country of nationality. Only once your priority date is current on the final action date chart of the Visa Bulletin, can your case be scheduled for a visa interview.

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New H-1B rules are changing the immigration landscape for U.S. employers and foreign workers in the United States.

In this video, attorney Jacob Sapochnick shares all you need to know about these important changes.

Did you Know? In February of this year, the Department of Homeland Security (DHS) published a final rule in the Federal Register that changed the H-1B registration process and enhanced the H-1B program’s integrity to safeguard against fraud. These changes resulted in a significant drop in the number of eligible H-1B registrations for fiscal year 2025 by 40%.

Overview

The H-1B visa is one of the most popular work visas used by professionals with U.S. job offers to work in specialty occupations. To be eligible for this visa category, applicants must have at least a bachelor’s degree or higher, or the equivalent work experience in the specialty occupation.

Current laws limit the annual number of qualifying foreign workers who may be issued the H-1B visa to 65,000 with an additional 20,000 reserved for the H-1B advanced degree exemption for those with U.S. master’s degrees (or higher). Unfortunately, the high demand for the H-1B visa, makes the lottery process extremely competitive considering that thousands upon thousands of employers compete for the very limited number of visas available every year.

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