DHS Reverses Course, Restores Student SEVIS Records—But Future Remains Uncertain
AIn the wake of a wave of dozens of lawsuits and emergency court orders following the sudden revocations of the visas of foreign students and scholars and the deletion of thousands of Student and Exchange Visitor Information System (SEVIS) records by the Department of Homeland Security (DHS) without notice or explanation, which have thrown foreign students’ lives into chaos, the agency suddenly reversed course on April 25, 2025, and restored many foreign students’ SEVIS records, along with their legal status.
The administration sent out mixed signals, however, as DHS officials were quoted as saying that this action was temporary while the agency worked on a new, unspecified policy. Tricia McLaughlin, a DHS spokesperson, said, “We have not reversed course on a single visa revocation. What we did is restore SEVIS access for people who had not had their visa revoked.” A statement from a government attorney in one of the lawsuits said, “ICE is developing a policy that will provide a framework for SEVIS record terminations. Until such a policy is issued, the SEVIS records for plaintiff(s) in this case (and other similarly situated plaintiffs) will remain Active or shall be re-activated if not currently active and [U.S. Immigration and Customs Enforcement] will not modify the record solely based on the NCIC finding that resulted in the recent SEVIS record termination.”
“It is good to see ICE recognize the illegality of its actions canceling SEVIS registrations for these students. Sad that it took losing 50 times. What we don’t yet know is what ICE will do to repair the damage it has done, especially for those students who lost jobs and offers and had visas revoked,” said Charles Kuck, an attorney for some of the foreign student plaintiffs. Some affected students have already left the United States, while others are in hiding or not attending class, according to reports.
Colleges and universities have had to deal with the uncertainty and other effects of these actions on their students, scholars, and programs; their ability to conduct research; and concerns about whether U.S. universities will be able to attract top talent in the future.
H-1B Workers, Others Receiving Requests for Evidence Asking for Home Addresses for Biometric Data Collection
According to reports, U.S. Citizenship and Immigration Services (USCIS) has begun issuing Requests for Evidence (RFEs) seeking home addresses for the purpose of collecting biometric data in H-1B and I-140 employment-based petitions, raising concerns. The RFEs refer to “potentially adverse information.”
“This is highly unusual because biometrics are not typically required for these case types. The RFEs also fail to explain the nature of the adverse information, leaving employers and attorneys in the dark,” said Vic Goel, of Goel & Anderson. Mr. Goel advises “not responding directly to the RFE by providing the beneficiary’s address or scheduling biometrics.” Instead, he said, “the attorney or petitioner should respond by citing 8 CFR 103.2(b)(16)(i), which requires USCIS to disclose any derogatory information being used as a basis for an adverse decision.”
DHS Says SAVE Database Is Being Overhauled
The Systematic Alien Verification for Entitlements (SAVE) database is being overhauled by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services, and the Department of Government Efficiency, DHS Secretary Kristi Noem announced on April 22, 2025.
Secretary Noem said the overhaul “eliminates fees for database searches, breaks down silos for accurate results, streamlines mass status checks, and integrates criminal records, immigration timelines, and addresses. Automatic status updates and a user-friendly interface will empower federal, state, local, territorial, and tribal agencies to prevent non-citizens from exploiting taxpayer benefits or voting illegally.”
DHS said it “will provide ongoing updates to stakeholders as the SAVE Optimization Plan progresses.”
CHNV Litigation Update: USCIS Parole Terminations Stayed
On April 14, 2025, a U.S. District Court in Massachusetts issued a preliminary injunction order staying parts of the March 25, 2025, Federal Register notice, “Termination of Parole Process for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV).” On April 17, 2025, U.S. Citizenship and Immigration Services announced that pursuant to the order, parole termination notices that were sent to people in the United States from Cuba, Haiti, Nicaragua, and Venezuela “are stayed and therefore not currently in effect. No new requests for CHNV parole will be processed.”
Temporary Restraining Order Granted in Case Challenging Terminations of F-1 Students’ SEVIS Records
In a case challenging terminations of a group of more than 130 F-1 students’ Student and Exchange Visitor Information System (SEVIS) records, a federal judge in Georgia granted a temporary restraining order on April 18, 2025. The order, effective immediately, directs the government to “reinstate Plaintiffs’ student status and SEVIS authorization, retroactive to March 31, 2025.”
Charles Kuck, attorney for the plaintiffs, said, “Never before has an action like this taken place, ever, and what we see as a result is the terror in these students. This is designed to scare people into leaving, and kudos and bravo to these students for standing up for what their parents sent them here to do, which is to gain a good education.”
A hearing for a preliminary injunction is scheduled for April 24, 2025. The case is similar to other suits filed in California, Pennsylvania, Michigan, Washington, and Texas.
May Visa Bulletin Notes Retrogression of Final Action Date for India EB-5 Unreserved Visa Categories
The Department of State’s Visa Bulletin for May says that the high demand and numbers used by India in the EB-5 unreserved visa categories, combined with increased demand in the rest of the world, has made it necessary to further retrogress the India final action date to May 1, 2019, to hold number use within the maximum allowed under the FY 2025 annual limits.
The Visa Bulletin notes that it may also become necessary to establish a final action date for the Rest of World countries if demand and number use continues to increase.
REAL ID Deadline Approaches for U.S. Travelers’ Documentation
The Department of State reminded U.S. travelers that by May 7, 2025, their documents must be
REAL ID-compliant to board domestic flights and access certain federal facilities. The passport book and passport card are both acceptable for REAL ID purposes.
The Department of Homeland Security (DHS) explained that federal agencies, including DHS and the Transportation Security Administration (TSA), may only accept state-issued driver’s licenses and identification cards as identification for purposes of accessing federal facilities—including TSA airport security checkpoints—if the license or card was issued by a REAL ID-compliant state in accordance with REAL ID security standards (meaning the license or card must include the REAL ID-compliant star marking). Enhanced Driver’s Licenses (EDL) issued by Washington, Michigan, Minnesota, New York, and Vermont are considered acceptable alternatives to REAL ID-compliant cards and will also be accepted for official REAL ID purposes, DHS said. (Most EDLs do not contain the star marking and this is acceptable.)
USCIS Begins Scrutinizing Social Media; Many Student, Faculty, and Researcher Visas Revoked
The Trump administration has recently revoked more than 525 student, faculty, and researcher visas for a variety of reasons, or no reason. The administration has cited “antisemitic activity” as one justification for scrutinizing international students’ social media postings and other communications. The actions have raised First Amendment concerns.
On April 9, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it is “considering aliens’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests.” USCIS said this new policy will immediately affect those applying for lawful permanent resident status, foreign students, and “aliens affiliated with educational institutions linked to antisemitic activity.”
USCIS said it will “consider social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests,” effective immediately.
The efforts to deport foreign students and others have not been confined to addressing antisemitism. The Trump administration has claimed vast authority to do so, including under the little-used Alien Enemies Act of 1798. “All of these tools that exist in the [immigration] statute have been used before, but they use them in a way that causes mass hysteria, chaos and panic with the hope that students won’t get proper legal advice and they’ll just, through attrition, leave the country,” said Jeff Joseph, president-elect of the American Immigration Lawyers Association.
In many cases, the Department of Homeland Security issues orders for students to leave the country immediately, throwing their lives into chaos and interrupting their studies and research. The Trump administration has terminated many Student and Exchange Visitor Program registrations without notice, placed students out of lawful nonimmigrant F-1 status, and ended their employment authorizations under Optional Practical Training and Curricular Practical Training. Even permanent residents have been targeted. Reportedly, a variety of reasons (or even no reason) are cited as justification, including traffic violations resolved years earlier. Some students are leaving on their own while others have been detained by immigration authorities.
Meanwhile, some colleges and universities are attempting to address the revocations quietly under threats of having millions in funding yanked. Legal challenges are expected or have already been filed in some cases, with mixed results. The situation is complex and evolving. Stay tuned.
USCIS Announces Work Permit Procedures for Certain Hong Kong Residents Covered by Deferred Enforced Departure
On April 3, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a Federal Register notice establishing procedures for certain Hong Kong residents covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) that will be valid through February 5, 2027.
The notice automatically extends through February 5, 2027, the validity of current Hong Kong DED-related EADs with an expiration date of February 5, 2023, or February 5, 2025, and a Category Code of A11. Employees may present this EAD as evidence of identity and employment authorization for purposes of Form I-9, Employment Eligibility Verification.
USCIS explained that since DED “is a directive to defer removal of an individual, rather than a specific immigration status like Temporary Protected Status, there is no DED application form required for an individual to be covered by DED. If an individual covered by DED wants to apply for an EAD, they must file Form I-765. Similarly, if an individual covered by DED wants to apply for advance travel authorization, they must file Form I-131.”
E-Verify Makes ‘Minor Changes’ to Form I-9
On April 2, 2025, E-Verify announced that U.S. Citizenship and Immigration Services has made “minor” changes to Form I-9, Employment Eligibility Verification, to align with statutory language, and the Department of Homeland Security (DHS) Privacy Notice has been updated. The revised Form I-9 with an edition date of 01/20/25 and an expiration date of 05/31/2027 is available for download. Multiple previous editions remain valid until their respective expiration dates:
- Form I-9 (08/01/23 edition) with expiration date of 05/31/2027
- Form I-9 (08/01/23 edition) with expiration date of 07/31/2026 (employers using this form must update their electronic systems with the 05/31/2027 expiration date by July 31, 2026)
Key updates include:
- Renaming the fourth checkbox in Section 1 to “An alien authorized to work” from “A noncitizen authorized to work”
- Revising the descriptions of two List B documents in the Lists of Acceptable Documents
- Adding statutory language and a revised DHS Privacy Notice to the instructions
E-Verify said that employers should note:
- If an employee attests on Form I-9 as “A noncitizen authorized to work,” the employer must select “An alien authorized to work” in E-Verify.
- E-Verify cases will display “An alien authorized to work,” while employees and employers may continue to see “A noncitizen authorized to work” on Form I-9, depending on the form edition being used.
E-Verify+ participants will see the updated 01/20/25 edition date and 05/31/2027 expiration date reflected in Form I-9NG.
Venezuela TPS Remains in Effect Following Court Order
On April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that Temporary Protected Status (TPS) will remain in effect following a court order. On March 31, 2025, the United States District Court for the Northern District of California ordered the postponement of the vacatur, published February 3, 2025, and of the termination, published February 5, 2025, of the 2023 TPS designation for Venezuela.
In light of the order, USCIS said that TPS for Venezuela will remain in effect until the Department of Homeland Security “obtains relief from that order.” Further, the validity of work permits with an expiration date of September 10, 2025; April 2, 2025; March 10, 2024; or September 9, 2022, issued under the Venezuela TPS designations is similarly extended through April 2, 2026, “pending further litigation.”
USCIS said that employers should refer to the TPS webpage regularly for updates.
USCIS Updates Policy to Recognize Only Two Sexes: Male and Female
On April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that under a Trump administration executive order, it has updated the USCIS Policy Manual to state that it only recognizes two biological sexes: male and female.
Under this guidance, USCIS considers a person’s sex as “that which is generally evidenced on the birth certificate issued at or nearest to the time of birth. If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence.”
USCIS said it will not deny benefits solely because the benefit requestor “did not properly indicate his or her sex.” However, USCIS noted that it “does not issue documents with a blank sex field,” so “if a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at the time of birth (or issued nearest to the time of birth), there may be delays in adjudication.”
USCIS said it “may provide notice to benefit requestors if it issues a USCIS document reflecting a sex different than that indicated by the benefit requestor on the request.”
This guidance applies to benefit requests pending or filed on or after April 2, 2025, USCIS said, adding that the guidance in the Policy Manual “is controlling and supersedes any related prior guidance.”
Philippines: Digital Nomad Visa Program Launching in 2025
The Philippines is poised to join the growing list of countries welcoming remote workers with the launch of its new Digital Nomad Visa program. Announced in late April 2025 when President Marcos signed an Executive Order, the initiative is designed to attract location-independent professionals who want to live and work legally in the country while contributing to the local economy.
The new visa will allow foreign nationals employed by companies outside the Philippines to reside and work remotely in the country for an initial period of 12 months, with the option to renew for another 12 months. Applicants must demonstrate an annual income of at least $24,000 and proof of employment with a non-Philippine company, ensuring the program is targeted at self-sufficient digital nomads rather than local job seekers.
Visa holders will be exempt from paying local income tax, a significant perk for many remote workers, though they are expected to maintain health insurance valid in the Philippines for the duration of their stay. Officials say the program aims to boost local tourism and the service sector by tapping into the growing trend of remote work and international mobility.
The Philippines’ Department of Foreign Affairs and Bureau of Immigration are spearheading the rollout and have emphasized that the visa seeks to balance economic benefits with legal safeguards. One notable restriction is that visa holders cannot engage in local employment or freelance work for Philippine clients, a measure designed to prevent displacement of local workers.
Popular hubs like Cebu, Siargao, and Palawan are expected to see increased interest from remote workers once the visa program is fully operational, likely later in 2025.
As countries compete to attract mobile professionals, the Philippines joins regional neighbors like Indonesia and Thailand in offering specialized visas for digital nomads. Industry observers see this move as a natural step in capitalizing on the post-pandemic boom in remote work, though the program’s long-term success will depend on its ease of access and continued legal clarity.
More details on the application process are expected in the coming months.
Details:
- https://pco.gov.ph/wp-content/uploads/2025/04/20250424-EO-86-FRM.pdf
- https://pco.gov.ph/news_releases/govt-to-tightly-screen-digital-nomad-visa-applications/
Italy: Citizenship by Descent Rules Tightened
Italy has passed a new law significantly tightening eligibility for citizenship by descent, marking a major shift in its long-standing ius sanguinis (right of blood) policy. Approved by the Council of Ministers on March 28, 2025, the reform aims to streamline and clarify requirements while curbing automatic access to citizenship for those with tenuous ties to the country.
Under the previous law, individuals with an Italian ancestor – no matter how many generations removed – could claim Italian citizenship if they could document their lineage and meet procedural requirements. The updated legislation now limits eligibility to applicants with a direct Italian ancestor within three generations, dramatically narrowing the pool of potential applicants.
In addition, new residency and language requirements have been introduced. Applicants born abroad must demonstrate at least one year of continuous legal residence in Italy and attain an intermediate level (B1) of Italian language proficiency before they can submit a citizenship claim. The reform also includes stricter documentation standards, with authorities pledging a crackdown on fraudulent applications that have plagued the system in recent years.
The Italian government cited concerns over the exponential rise in citizenship requests from descendants of Italian emigrants, particularly in countries like Brazil, Argentina, and the United States. Officials noted that while Italy remains committed to preserving ties with its global diaspora, the new law seeks to balance heritage rights with integration goals.
Critics of the reform argue that it places undue barriers on people who have long viewed Italian citizenship to reconnect with their roots and warn it may discourage cultural ties. However, supporters say the law is a necessary update to ensure applicants have a meaningful connection to Italy.
The new rules are set to take effect in late 2025, with transitional provisions in place for those who have already initiated their citizenship applications under the old law. Legal experts advise prospective applicants to carefully review the updated criteria and act swiftly if they still qualify under the current framework.
Italy’s move reflects a broader trend of countries re-evaluating their citizenship laws amid global migration pressures and identity debates, signaling a new era for heritage-based nationality claims.
Details:
- https://www.esteri.it/en/sala_stampa/archivionotizie/comunicati/2025/03/il-consiglio-dei-ministri-approva-modifiche-alla-legge-sulla-cittadinanza-ius-sanguinis/
- https://italiancitizenshipassistance.com/italian-citizenship-by-descent-march-28-2025-changes/
United Kingdom: Stricter Right-to-Work Checks for Gig and Zero-Hours Workers
The UK government has announced new rules requiring right-to-work checks for gig economy and zero-hours contract workers, part of a broader effort to crack down on illegal employment and enhance labor market compliance. The measures, unveiled in April 2025, are expected to have a significant impact on employers in sectors such as food delivery, ride-hailing, and freelance platforms.
Under the updated regulations, businesses must now conduct enhanced verification of workers’ legal status before allowing them to begin work, regardless of the casual or short-term nature of their contracts. Previously, many gig and zero-hours workers could start work with minimal checks, but the new framework mandates full identity verification, documentation reviews, and status confirmations in line with those required for permanent employees.
The Home Office emphasized that the reforms target unscrupulous employers and platforms that have exploited regulatory loopholes, allowing undocumented workers to enter the labor market. Penalties for non-compliance have been strengthened, with fines of up to £60,000 per illegal worker and potential criminal sanctions for repeat offenders.
The government is also expanding its digital right-to-work checking system to better support businesses in meeting their obligations efficiently. New guidance clarifies that online platforms are responsible for ensuring that every individual using their service to earn income has passed appropriate legal checks, even if the platform does not directly employ the worker.
Industry leaders have welcomed clarity on employer responsibilities but expressed concerns over the administrative burden and potential delays in onboarding new workers. Gig economy advocacy groups warn that the changes could disproportionately affect vulnerable workers, particularly migrants and low-income individuals who often rely on casual work arrangements.
The new rules are part of a broader strategy to tighten enforcement across the labor market, as the government seeks to uphold immigration controls while promoting fair treatment of workers.
The revised requirements are set to come into force by mid-2025, giving employers a short window to review and update their compliance processes.
Details:
Canada: British Columbia Updates Provincial Nominee Program to Attract Key Talent
British Columbia (B.C.) has announced significant updates to its Provincial Nominee Program (BC PNP), aiming to better align immigration pathways with the province’s labor market needs and economic priorities. The changes, unveiled in April 2025, are designed to enhance the province’s ability to attract skilled workers, international graduates, and entrepreneurs.
Key updates include revised eligibility criteria and new priority streams targeting sectors experiencing labor shortages, such as healthcare, construction, and technology. The province has introduced a new points system that gives added weight to applicants with experience in high-demand occupations, as well as those with strong ties to B.C. communities outside major urban centers.
In addition, international graduates from recognized Canadian institutions will benefit from streamlined pathways, reflecting the province’s commitment to retaining talent trained within Canada. The updates also expand opportunities for francophone immigrants, supporting B.C.’s goal of fostering a more diverse and inclusive workforce.
The Entrepreneur Immigration stream has similarly been refined, with updated investment and job creation requirements aimed at encouraging sustainable business development, particularly in regional areas. Authorities say these measures will help ensure that immigrant entrepreneurs make meaningful contributions to local economies.
The B.C. government emphasized that the updates reflect ongoing consultations with employers, industry stakeholders, and community groups, and are intended to ensure that immigration continues to support the province’s economic growth while responding to evolving labor market dynamics.
The revised program is now in effect, with updated guidelines and scoring criteria available on the BC PNP website. Prospective applicants and employers are encouraged to review the new rules to understand how the changes may impact their immigration plans.
The BC PNP remains one of Canada’s most popular provincial nomination programs, offering a vital route to permanent residence for thousands of skilled workers and entrepreneurs each year.
Details:
Klasko News
FIRM NEWS
2025 Spring Seminar for Universities and Healthcare Institutions
This year’s annual spring seminar was a resounding success, drawing a full house of engaged participants from universities and hospitals. Attendees left with insightful and valuable information on the latest immigration developments and challenges surrounding immigration. If you would like to receive material and resources from this event, please reach out to your Klasko attorney or email info@klaskolaw.com.
IN THE NEWS
William Stock
Bill Stock gives his insights on SEVP certification in this Inside Higher Ed article discussing Harvard University’s rejection of the Trump Administration’s demands.
RECENT SPEAKING ENGAGEMENTS
William Stock
On April 12th, Bill Stock spoke at Penn State’s 2025 Immigration Law Symposium.
Klasko Attorneys
On April 29th, Klasko hosted its annual spring seminar event covering the latest immigration developments and challenges for sponsored employees, students, scholars, and other staff members at universities and hospitals.
UPCOMING SPEAKING ENGAGEMENTS
H. Ronald Klasko
Ron Klasko will be speaking on the USA Immigration Panel at the Investment Migration Forum in Dubai on May 7, 2025.
Timothy D’Arduini
On May 15th, Timothy D’Arduini will be speaking in this AILA Web Seminar event titled Employer Compliance in the Second Trump Administration: I-9 Audits, Onsite Inspections, and ICE Raids.
Elise Fialkowski
Elise will be speaking about “Hot Topics in Advanced Employment-Based Immigration” at NAFSA’s Annual Conference on May 29, 2025, in San Diego, CA.
ICYMI: RECENT BLOG POSTS AND ALERTS
Unlucky in the H-1B Lottery? Options for Your Plan B
In this article, Dallis Terc provides alternative options for individuals not selected in the H-1B lottery.
Federal Court Pauses DHS Termination of TPS for Venezuela
In this client alert, Natalia Gouz and Anu Nair cover the postponement of the termination of TPS for Venezuela and provide an FAQ on the current actions and statuses regarding the extension.
H-1B Cap-Gap Extension 2025: New Rule Expands Work Authorization for F-1 Students
In this client alert, Anabel Nataros provides information on the F-1 cap-gap extension and discusses who is qualified and what employers and students should do.
FIRM FEATURE
KILP hosted its annual seminar on April 29, 2025. KILP attorneys and guest speakers provided attendees with insights and valuable information on immigration for universities and hospitals.
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This newsletter was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Klasko Immigration Law Partners is an active member.
