Incoming Visa Appointment Policy Changes by the Department of State
Effective immediately, the Department of State (“DOS”) is now directing all nonimmigrant applicants to schedule visa appointments at a U.S. embassy or consular post in their country of nationality or residence. Nationals of countries where the U.S. does not routinely conduct nonimmigrant operations must schedule an interview at the consulate or embassy designated for their country unless they reside elsewhere. While the DOS has noted that existing appointments will generally not be cancelled, any nonimmigrant applicants who are not abiding by this new guidance and applying outside their country of nationality or residence should expect significantly longer wait times for an appointment. These applicants may also experience increased visa application scrutiny, and application fees will not be transferred or refunded if a visa is denied. Contact immigration counsel to discuss residency requirements and for assistance with visa application scheduling and preparation.
TPS for Venezuela – Changes Announced for 2021 and 2023 Designations
Throughout the last few months, Temporary Protected Status (“TPS”) beneficiaries from Venezuela faced legal uncertainty with regard to their continued status and employment authorization in the U.S. with the termination of the country’s TPS program. The government has recently published updated guidance for these TPS beneficiaries in accordance with the designations below:
2021 Venezuelan Designation
On September 8, 2025, the Department of Homeland Security (“DHS”) officially released the final publication terminating the 2021 designation for Venezuela. As a result, the termination will take effect 60 days later on November 7, 2025.
For TPS beneficiaries under the 2021 designation that did not reregister under the January 17, 2025 Extension Notice, DHS is automatically extending certain Employment Authorization Documents (“EADs”) through November 7, 2025 that have the notation A12 or C19 and expire on September 9, 2022, March 10, 2024, or September 10, 2025.
TPS beneficiaries with EADs that have the notation A12 or C19 and an “expires date” of September 10, 2025, March 10, 2024, or September 9, 2022, issued under the 2021 designation and who reregistered under the January 17, 2025 Extension Notice will have their EADs extended through April 2, 2026.
2023 Venezuelan Designation
In accordance with recent court decisions and subject to litigation updates, TPS beneficiaries under the 2023 designation have their TPS extended through October 2, 2026. EADs issued under this designation with a category A12 or C19 with an original expiration date of April 2, 2025 will now expire on April 2, 2026.
Employers should continue monitoring Immigration Insights for TPS updates and contact immigration counsel for I-9 compliance and reverification guidance.
Did You Know?
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