Category: Alerts

Recent federal executive orders may affect employers navigating identity document policies for transgender, nonbinary, gender-nonconforming, and intersex (TGNCNBI) employees and their family members. Executive Orders have altered the availability of gender markers for U.S. passports and Consular Reports of Birth Abroad (CRBA). These changes impact employees’ ability to obtain accurate identity documents, potentially affecting workplace verification processes and international travel. This article outlines what employers need to know about these policy shifts and their implications for employees and business operations.

As of the date of the publication of this article, a federal court has temporarily blocked the passport policy outlined below on June 17, 2025 in the associated federal court case Orr v. Trump, which will be explained below.

Passports

The Trump administration altered the gender marker options available for U.S. passport applicants. The Executive Order (entitled “Defending Women from Gender Ideology Extremist and Restoring Biological Truth to the Federal Government”), signed on January 20, 2025, recognizes only two genders as that assigned at birth. It directed the Secretary of State to suspend passport applications requesting the X gender marker, and to suspend all passport applications for transgender applicants applying for a passport with a gender marker selected other than that assigned at birth. The Department of State (DOS) advised that in these cases, an application may be delayed in receiving a passport. Applicants may receive a letter/email requesting more information, such as an original birth certificate, or the DOS may issue a passport with the gender marker of the applicant’s sex assigned at birth, based on supporting documentation and DOS records of previous passports.

Importantly, the DOS has advised that all passports of transgender people who passport contains a gender marker other than that assigned at birth and/or with an X gender marker will remain valid until their expiration date.

Consular Reports of Birth Abroad (CRBA)

The DOS issued a directive in response to the aforementioned Executive Order that they will no longer issue CRBAs for transgender people with a gender marker other than that assigned at birth and/or with an X gender marker. Notably, the DOS has also confirmed that CRBAs that have already been issued remain valid until expiration.

As Things Currently Stand

Currently, both the Passport Policy and the CRBA Policy are temporarily halted.

On February 7, 2025, the American Civil Liberties Union (ACLU) filed a federal lawsuit, Orr v. Trump, challenging the Executive Order’s policies to not issue passport for transgender applicants applying for a passport with a gender marker that differs from that assigned at birth and/or applicants applying for a passport with an X gender marker.

As of June 17, 2025, there is a preliminary injunction against the Executive Order and accompanying DOS passport policy.

Additionally, the federal court certified a class of people who are now eligible to continue to apply for passports with X gender markers and/or for transgender applicants. The class members include:

• Applicants who seek a male, female, or X gender marker on their passport to match their gender identity;
• Applicants who do not have a valid passport or whose passport expires within one year;
• Applicants who need to update their passport regarding their name and/or gender marker;
• Applicants who are replacing a lost or damaged passport.

Please note that the government may appeal the preliminary injunction, which would cause the Executive Order and accompanying Passport Policy to be reinstated, affecting pending passport applications.

As federal policies continue to evolve, it is important for employers to stay informed about changes affecting identity documents for TGNCNBI employees and their families. We are closely monitoring federal policy changes affecting this group of employees.

USCIS Updates to the Policy Manual

To remain consistent with the relevant Executive Order, USCIS updated its policy manual to recognize only two genders, male and female, which is the gender as evidenced by one’s birth certificate issued closest to birth. While USCIS has stated that it will not deny benefits because someone does not select their gender marker as that assigned at birth, there may be delays in adjudication. Gibney is closely monitoring this policy as will provide updates as they develop

The Department of State released the September 2025 Visa Bulletin. USCIS will continue to accept employment-based Adjustment of Status applications based on the Final Action Dates chart. All Employment-Based Categories will remain unchanged under Final Action Dates for September. The Dept. of State has indicated that annual limits will be reached in most employment-based categories in August and September due to a steady increase in demand at both USCIS and the Dept. of State.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR FINAL ACTION DATES 

USCIS confirmed that it will honor the Final Action Dates chart for purposes of eligibility to file an Adjustment of Status application. The Final Action Dates  are as follows:

EB-1, First Preference Category

• EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will remain current.
• EB-1 China: Final Action Dates will maintain a filing cutoff date of November 15,
• EB-1 India: Final Action Dates will hold steady at February 15, 2022

 EB-2, Second Preference Category

• EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will maintain a filing cutoff date of September 1, 2023.
• China: Final Action Dates will hold steady at December 15, 2020.
• India:  Final Action dates will remain at January 1, 2013.

EB-3, Third Preference Category (Professional and Skilled Workers)

• EB-3 Worldwide (including El Salvador, Guatemala, Honduras and Mexico) will maintain a filing cutoff date of April 1, 2023.
• Philippines: Final Action Dates will remain at February 8, 2023.
• China: Final Action Dates will hold steady at December 1, 2020.
• India: Final Action Dates will remain at May 22, 2013.

Other Workers

• Worldwide (including El Salvador, Guatemala, Honduras, Mexico and Philippines) will maintain a filing cutoff date of July 8, 2021.
• China: Final Action Dates will remain at May 1, 2017.
• India: Final Action Dates will hold steady at May 22, 2013.

EB-5: Fifth Preference Category (Immigrant Investors)

• For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will maintain a filing cutoff date of November 15, 2019 and China will remain at December 8, 2015. All other countries will continue to be current.
• The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

As noted in the September Visa Bulletin, due to a steady increase for employment-based visas during the fiscal year, the Dept. of State notes that numerical limits to most employment-based preference categories for FY 2025 are expected to be reached in August and September. If an employment-based category becomes “unavailable”, the application will not be decided on until a visa number becomes available. The new fiscal year will commence on October 1, 2025, which will reset annual numerical limits across employment-based categories.

As unavailability may be imminent particularly for EB-2, EB-3 and EB-5 categories as reported in the August Visa Bulletin, Employers are advised to file Adjustment of Status applications for eligible applicants as soon as possible as most employment-based categories are expected to reach their numerical limits in the near future.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

Due to the changing political situation in the United States and throughout the world there is a moderate level of risk with return to the U.S. following international travel at this time.  We strongly advise all nonimmigrant visa holders to be prepared to clearly explain their anticipated activities in the U.S. (i.e., work, school, internship, etc.) and be sure that they align with the requested nonimmigrant visa category both when applying for a visa and when seeking admission to the U.S. upon return from international travel.

Travelers seeking reentry to the U.S. could experience enhanced screening upon arrival with an increased likelihood of electronic device search.  Travelers may wish to reduce the number of devices that they carry when traveling; review data stored on the device that may be confidential in nature and could be subject to search; consider what is posted on social media accounts. While travelers are not legally required to provide U.S. Custom and Border Protection agents with their electronic device, they could be denied admission for failure to do so.

Finally, we note that the current administration has implemented restrictions upon entry for nationals from certain countries which become effective soon after announced.  Currently full and partial restrictions are in place for nationals of 19 countries.  It is anticipated that additional countries could be added in the weeks ahead.

It’s important for all travelers to be extra cautious and alert to any changes that could impact their ability to travel.  Further it is incumbent upon each individual traveler to ensure that they maintain the appropriate documentation for reentry to the U.S.

Below is a general list of documentation and guidance for travelers.  We note that depending on the individual’s circumstances additional documentation may be recommended.

U.S. ENTRY: STATUS AND DOCUMENTATION CHECKLIST

• Confirm the validity of passports for all travelers. Valid passports are required for all international travelers and accompanying family members, including U.S. and Canadian citizens. Renew passports in advance to ensure at least six months’ validity at the time of any visa application or entry to the U.S. Many countries allow renewal of passports by mail through their consulates or embassies in the U.S.
• Carry all documents required for admission to the U.S. Upon arrival in the U.S., some entrants may need to show additional evidence of work or status authorization in addition to a passport and valid visa stamp. Documents vary by visa classification but may include an original I-797, Approval Notice; endorsed Form I-129S; Advance Parole Document; Employment Authorization Document (EAD); Form DS-2019 with travel authorization; and/or travel endorsed Form I-20. Proof of COVID-19 vaccination is no longer required for international travelers entering the U.S.
• Verify the U.S. admission classification/expiration date. Upon entry to the U.S., foreign nationals should expect a U.S. Customs and Border Protection (CBP) officer to create an electronic I-94 record of their admission. At many Ports of Entry, CBP has stopped issuing a passport stamp. If a stamp is issued, ensure that the classification is correct and immediately alert CBP to any errors.
• Review your I-94 record. After each entry to the U.S., foreign nationals should access and review the electronic I-94 record available on the CBP website. This is more important than ever, as CBP no longer stamps passports at entry. Expiration dates for the I-94, underlying petition, or work permit may be different from the expiration date on the visa in the passport or on the passport stamp, if issued. Send Immigration Counsel a copy of your I-94 once you have retrieved it.

CHECKLIST FOR FOREIGN NATIONAL EMPLOYEES (AND EMPLOYERS) WHO DO NOT HAVE A VALID VISA IN THEIR CURRENT PASSPORT

• Consult with Immigration Counsel in advance of travel. Immigration counsel can help to prepare for enhanced vetting and for the consular interview before you apply for a visa. Schedule consultations 60-90 days in advance whenever possible. Keep in mind that appointment wait times at U.S. consulates can range from a few days to a few months.
• Check the Consulate’s website prior to travel. If you require visa issuance at a consulate abroad, review information on specific procedures regarding booking visa appointments and documentation required for visa interviews. Consular procedures vary widely and are subject to change with little notice.
• Complete Form DS-160.This form is required for all temporary visa applicants including dependent spouses and children of principal visa holders. Retain a copy of the final form at the time of submission. Many consulates require that the visa application be completed prior to scheduling a visa appointment.
• Review your visa application/petition. Review the petition prepared by Immigration Counsel on your behalf prior to traveling, to ensure the accuracy of the information reported and consistency with applications.
• Review your online profiles. This includes information in online employee profiles and company pages as well as social media profiles. Government officials at USCIS, U.S. consulates, and U.S. Ports of Entry review online profiles of visitors and foreign workers applying for benefits or seeking entry to the U.S.
• Update company information. Employers should update company pages and sites such as Dunn & Bradstreet that may be referenced by immigration officers to verify employment or business information.
• Gather employment verification. If you are applying for a temporary work visa, most consulates require current employment verification letters from employers. Request these letters in advance of travel to allow adequate time for Human Resources to prepare them. Maintain copies of recent paystubs as evidence of current employment. Ensure that that the employment verification letter is consistent with any immigration petition underlying the visa application, if applicable.
• Disclose any arrests/detainment to Immigration Counsel. Consult with Immigration Counsel if you have been arrested or detained by law enforcement, even if not charged/convicted. Consult with counsel before departing the U.S. or applying for a visa or any other immigration benefit. Citations, arrests or detentions may require disclosure on applications and may impact immigration status and/or eligibility for immigration benefits.
• Check consulate wait times. Review the consulate website for visa appointments and processing times and alert Immigration Counsel immediately if visa issuance is delayed due to security or background clearance issues.
• Confirm consulate holiday hours. Consulates abroad observe both U.S. and local country holidays and some offices may be short-staffed due to vacations.
• Tip for visa appointments: If the consulate has long wait times, book an appointment at the earliest date possible and check the website regularly for newly released appointment times that are more desirable.

TRAVEL DOCUMENTS IF YOU DO NOT NEED A VISA FROM THE CONSULATE

• Visa Waiver Program travelers must have a valid ESTA approval. The Electronic System for Travel Authorization (ESTA) is a mandatory, online pre-screening system for Visa Waiver Program (VWP) travelers. ESTA is only available for travelers who are citizens of recognized VWP countries who wish to enter the U.S. for B-1 business or B-2 tourism purposes. VWP travelers should apply for ESTA at least 72 hours prior to travel and must obtain a valid ESTA approval before traveling. The ESTA clearance will be valid for up to two years. Note that a new ESTA approval is needed when a VWP traveler obtains a new passport and/or changes their name or country of citizenship, and when answers to any of the VWP eligibility questions (e.g., regarding an arrest or visa denial) change.
• Adjustment of Status applicants and Advance Parole travel documents. With the exception of some H and L visa holders, individuals with pending I-485, Adjustment of Status applications must have a valid original Advance Parole travel document issued prior to departing the U.S. Departing the U.S. without an Advance Parole may result in denial of the I-485 application. Note that the Advance Parole document must be valid when you depart the U.S. and valid when you return.

HELPFUL LINKS

• Find links to U.S. consular posts around the world at S. Consular Posts
• To find the nearest foreign consulate in the U.S. visit Foreign Embassies and Consulates in the U.S.
• Check U.S. consular wait times at Visa Appointment Wait Times
• For information on the Visa Waiver Program and current VWP countries visit Visa Waiver Program
• Obtain and review your electronic I-94 record at CBP I-94s
• Complete the DS-160 Online Nonimmigrant Visa Application at DS-160

For specific travel-related questions, please contact your Gibney representative or email info@gibney.com

 

U.S. Citizenship and Immigration Services (USCIS) recently updated its policy manual regarding TN visa eligibility requirements. The new guidance imposes stricter guidelines for eligibility. Changes focus on the nature of the employer, the definition of qualifying professions and the role of self-employment.

Background

The TN visa is a classification under the United States-Mexico-Canada Agreement (USMCA), formerly known as the North American Free Trade Agreement (NAFTA). The TN permits qualified Canadian and Mexican citizens to seek temporary entry into the US to engage in business activities within specific professional occupations. The TN visa can be applied for in three-year (3-year) increments.

Key Changes for Employers

• US. Employment Requirement: While previously, a foreign employer doing business in the U.S. could sponsor a TN visa, the sponsor must now be a US employer or entity.
• Prohibition of Self-Employment: The policy explicitly states that self-employment is not permissible under the TN classification.
• Clarification of Qualifying Professions: USCIS provides clarification on the types of positions that qualify for TN status, including in the Engineer, Economist and Scientific Technician/Technologist.
• Documentation: Applicants must demonstrate that the business activity falls within the profession and that they have the required qualifications. For some professions, experience is required in addition to the degree and evidence must be in the form of letters from former employers. USCIS also clarifies when licenses are required.

Impact on Employers

Policy updates may affect both new TN applicants and current visa holders during renewal processes. The recent TN visa policy updates are a significant shift in requirements and evaluation for employers and applicants’ job duties. Employers and applicants may face increased scrutiny and potential for denials.

Tips for Employers

• Review job descriptions to make sure they align with the updated TN guidance
• Assess applicant qualifications to determine if they meet the criteria for the intended profession
• Consult with immigration counsel for compliance strategies and to determine alternatives to the TN visa for employees that may be impacted

 

United States Citizenship and Immigration Services (USCIS) has reached the Fiscal Year (FY) 2026 H-1B cap.

On July 18, 2025, USCIS announced that it received enough petitions to reach the mandated 65,000 H-1B visa regular cap and the 20,000 visas for advanced degree holders.  Unlike prior years, there was only one round of selected registrations, announced in March 2025, with no additional rounds.

WHAT EMPLOYERS CAN EXPECT
Employers may expect that over the next few days, USCIS will update non-selected registrants’ online accounts to change the status of pending FY 2026 registrations from “Submitted” to “Not Selected.”

PETITIONS NOT SUBJECT TO THE H-1B CAP
USCIS will continue to accept and process H-1B petitions that are not subject to the cap. These include filings for extensions of status, amended petitions, changes of employer, concurrent employment for existing H-1B workers, and petitions filed by organizations that are cap-exempt.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

 

The Department of State released the August 2025 Visa Bulletin and USCIS has confirmed they will accept the Final Action Dates chart for employment-based Adjustment of Status applications. The Final Action Dates chart notes retrogression for EB-2 Worldwide, Mexico and the Philippines with modest advancement for EB-3 India, as further detailed below. All other employment-based categories will continue to remain the same for August pursuant to the Final Action Dates chart.

• EB-2 Worldwide, Mexico and the Philippines will retrogress by six weeks to September 1, 2023.
• EB-3 India will advance by one month to May 22, 2013.
• The Dept. of State has noted that EB-2, EB-3, and Other Workers categories may retrogress or become unavailable once annual limits are reached due to high demand, which could occur as early as August/September or possibly sooner depending on the particular category and number usage.
• EB-5 Unreserved Final Action Dates for China will advance by almost two years while India will advance by more than six months. While advancement for these categories is noted in August, the Dept. of State has warned that if the annual limit is reached, these countries may become unavailable through the end of the fiscal year.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR FINAL ACTION DATES 

USCIS confirmed that it will honor the Final Action Dates chart for purposes of eligibility to file an Adjustment of Status application. The Final Action Dates  are as follows:

EB-1, First Preference Category

• EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will remain current.
• EB-1 China: Final Action Dates will maintain a filing cutoff date of November 15,
• EB-1 India: Final Action Dates will maintain a filing cutoff date of February 15, 2022.

 EB-2, Second Preference Category

• EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will retrogress by approximately six weeks to September 1, 2023.
• China: Final Action Dates will hold steady at December 15, 2020.
• India:  Final Action dates will remain at January 1, 2013.

EB-3, Third Preference Category (Professional and Skilled Workers)

• EB-3 Worldwide (including El Salvador, Guatemala, Honduras and Mexico) will maintain a filing cutoff date of April 1, 2023.
• Philippines: Final Action Dates will remain at February 8, 2023.
• China: Final Action Dates will hold steady at December 1, 2020.
• India: Final Action Dates will advance by one month to May 22, 2013.

Other Workers

• Worldwide (including El Salvador, Guatemala, Honduras, Mexico and Philippines) will maintain a filing cutoff date of July 8, 2021.
• China: Final Action Dates will remain at May 1, 2017.
• India: Final Action Dates will advance by one month to May 22, 2013.

EB-5: Fifth Preference Category (Immigrant Investors)

• For the EB-5 Unreserved categories (C5, T5, I5, and R5), India will advance more than six months to November 15, 2019 and China will advance by almost two years to December 8, 2015. All other countries will remain current.
• The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

As noted in the August Visa Bulletin, The Dept. of State has indicated that due to increased number usage and high demand, retrogression was required for EB-2 Worldwide as this category is rapidly approaching annual limits. It is anticipated that the annual limit may be reached in August, which would require the EB-2 Worldwide category to become unavailable. Visa demand and number usage also remains high for EB-3 and Other Workers which may result in further retrogression or unavailability once annual limits are reached. This may occur as early as September or sooner depending on number usage and demand.

In the April Visa Bulletin, the EB-5 Unreserved Final Action dates for India and China were retrogressed due to high demand. As EB-5 number usage for China has not materialized as predicted, advancement for China by almost two years was implemented in August to further number use. The Dept. of State expects for India to have unused family preference numbers which may be allocated to employment-based categories, including EB-5 Unreserved. Accordingly, Final Action Dates for EB-5 Unreserved India have advanced for August by more than six months. While EB-5 Unreserved Final Action dates for both China and India were advanced in August, the Dept. of State has warned that if the annual limit is reached, these countries may become unavailable through the end of the fiscal year.

With further retrogression likely being implemented next month or sooner depending on the particular category and number usage, Employers are advised to submit Adjustment of Status applications for eligible applicants as soon as possible.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

 

 

 

 

On June 27, 2025, the Supreme Court issued a ruling to limit the ability of federal district judges to issue broad nationwide injunctions. This decision was issued in connection with several legal challenges to prevent the implementation and enforcement of President Trump’s Executive Order (“EO”) concerning Birthright Citizenship.  While the decision did not address the constitutionality of the EO, it does mark a significant shift in judicial power regarding federal policies and the scope of injunctions, which have been used in the past to halt the implementation of immigration-related EOs.

Birthright Citizenship

Jus soli et jus sanguinis (right of soil and right of blood) are foundational principles adopted by the United States to determine the right of citizenship. With very few exceptions, individuals born on U.S. soil or born to parents who are U.S. citizens are considered to be U.S. citizens at birth. These rights are codified in the 14th Amendment to the U.S. Constitution, in what is known as the Citizenship Clause, which provides that: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

The President’s Executive Order & Legal Challenges

On January 20, 2025, President Trump issued the EO, “Protecting the Meaning and Value of American Citizenship”, which provided that the Citizenship Clause did not apply to individuals born in the U.S. to parents who are undocumented or who are in a temporary nonimmigrant visa classification. Soon after the EO was released, numerous lawsuits were filed by individuals, organizations and 22 state governments to block changes to the longstanding U.S. citizenship rule. Following these lawsuits, three federal district courts issued injunctions against the implementation of the EO.

The Trump administration sought a partial stay on the federal district court injunctions in the respective appellate courts and eventually, the Supreme Court in Trump v. Casa, Inc. The Court agreed to hear the administration’s request, consolidating three of the cases, including two lawsuits filed by states and a lawsuit filed by CASA, a nonprofit organization, on behalf of individual pregnant women members.

The Supreme Court’s Ruling

The Court’s ruling did not address whether the EO was unconstitutional. Instead, the ruling concerned whether federal courts had the authority to issue “universal” or broad injunctions that blocked government policies to anyone that was impacted. In a 6-3 ruling, the Court found that federal courts did not have that authority.  The decision confirmed that injunctions should be limited to providing relief to specific plaintiffs named in a lawsuit.

The Court granted the Trump administration’s applications for a partial stay of the injunctions to the extent that they were broader than necessary. As a result of the ruling, the EO could take effect on July 27, 2025 (30 days from the date of the Court’s decision), impacting any child born to undocumented parents or parents in temporary nonimmigrant visa status on or after Feb. 19, 2025. Soon after the decision was released, several new lawsuits were re-filed as class-actions to further impede the implementation of the EO.

As of today’s date, the administration has not yet announced how the policy would be enforced.

What Employers Need to Know

There is no immediate change to the status of children born in the U.S. to parents who are undocumented or who are in a temporary nonimmigrant visa classification and the administration has not provided any specifics on how it intends to enforce the policy if the EO is implemented. Given the ongoing litigation, it could still take several months for any changes to occur.

If the EO survives further judicial scrutiny and class challenges, families of employees currently in the U.S. in nonimmigrant visa status, such as H-1B, L-1, E-2, etc. with children born on or after February 19, 2025 may be impacted if the new policy on Birthright Citizenship is implemented. In such an event, the immigration status of any children born in the U.S. to undocumented or nonimmigrant parents, who previously would be considered U.S. citizens, would need to be addressed.  Generally an EO may not be implemented retroactively and, as such, any potential impact analysis should be focused on children born to parents who are undocumented or who hold temporary nonimmigrant visa status after February 19, 2025.

The ruling brings into sharp focus the issue of potentially dangerous consequences resulting from limitations now placed on the authority of federal courts to efficiently grant relief in response to challenges made to EOs issued by any presidential administration going forward. Following the Supreme Court’s decision, these limitations could result in faster implementation and enforcement of EOs in the future which could result in less time to fully weigh the likely result.

Gibney is closely monitoring these developments and will provide additional updates as they are announced.  This alert is solely for informational purposes and does not constitute legal advice.  If you have questions or require assistance, please contact your Gibney representative or email info@gibney.com.

The Trump Administration may continue to further expand travel restrictions to citizens of 36 additional countries from entering the US. Earlier this month, the Administration issued a proclamation banning the entry of citizens from 12 countries.

The additional countries that could be impacted include: Angola, Antigua and Barbuda, Benin, Bhutan, Burkina Faso, Cabo Verde, Cambodia, Cameroon, Cote D’Ivoire, Democratic Republic of Congo, Djibouti, Dominica, Ethiopia, Egypt, Gabon, The Gambia, Ghana, Kyrgyzstan, Liberia, Malawi, Mauritania, Niger, Nigeria, Saint Kitts and Nevis, Saint Lucia, Sao Tome and Principe, Senegal, South Sudan, Syria, Tanzania, Tonga, Tuvalu, Uganda, Vanuatu, Zambia, and Zimbabwe.

Though details are yet to be released, we expect that any travel restrictions would not apply to permanent residents and to dual nationals travelling on a passport from a non-restricted country. Citizens of countries that may be restricted who do not have dual citizenship and a passport from a non-restricted country, are advised to refrain from international travel in the near future and/or return to the U.S. at their earliest convenience.

Gibney is closely monitoring these developments and will provide additional updates as they are announced.  This alert is solely for informational purposes and does not constitute legal advice.  If you have questions or require assistance, please contact your Gibney representative or email info@gibney.com.

On June 18, 2025, the Department of State (DOS) instructed consulates worldwide to implement a mandatory expansion of social media vetting for all F, M, and J visa applicants (students and exchange visitors).

What employers need to know:

• Applicants must have their social media profiles set to “public”. If they do not, it appears they will be put into administrative processing
• Consulates have been instructed to adjust visa appointment availability consistent with the additional vetting/workload
• Consulates have been instructed to prioritize J-1 physicians and F-1 interviews from schools that have less than 15% in F-1 population

The guidance instructs consulates to implement the new vetting procedures “within five business days”. The fifth business day following June 18 would be June 26, 2025.

Vetting criteria include:

• Inconsistencies between vetting results and how applicant presented
• Activity that may indicate an inadmissibility
• Unlawful employment or other indications of engaging in administration-proscribed behavior
• Activity leading to an inquiry and determination of “potentially serious adverse foreign policy consequences; specific examples include when an individual:
  • expresses hostile attitudes toward the citizens, culture, government, institutions, or founding principles of the US
  • advocates for, aids, or supports designated foreign terrorists and other threats to U.S. national security
  • expresses support for or perpetrates unlawful anti-Semitic harassment or violence

Gibney is closely monitoring these developments and will provide additional updates as they are announced.  This alert is solely for informational purposes and does not constitute legal advice.  If you have questions or require assistance, please contact your Gibney representative or email info@gibney.com.