Visa Interview Waivers, H-1B Cap, SAVE Policy & More

Visa Interview Waiver Changes Begin September 2

Beginning September 2, 2025, the U.S. Department of State will implement a more restrictive policy on visa interview waivers, significantly impacting applicants for B1/B2 (business/tourist) visas. Under the new rule, travelers whose prior visas expired more than 12 months ago will no longer qualify for an interview waiver—a sharp departure from the previous 48-month window. This change also affects certain H-1B and F-1 visa applicants, who may now be required to attend in-person interviews, even if they previously qualified for an exemption.

Some applicants may still qualify for waivers. Certain renewal applicants may also be eligible if they meet strict conditions, including no prior visa refusals and applying in their home country. It’s important to note that consular officers retain discretion to require interviews on a case-by-case basis. This update replaces the interview waiver guidance issued on February 18, 2025.

Impact on SAVE Agencies: Changes to CHNV Parole & TPS Verification

This guidance outlines how changes to parole programs and Temporary Protected Status affect immigration status verification for SAVE user agencies. Given evolving Federal Register notices and court rulings, agencies should be aware of how to interpret and verify current statuses, employment authorization, and related documentation.

Key Points:

• SAVE Case Verification
• SAVE provides only point-in-time verification. Previous cases aren’t automatically updated — agencies must submit new SAVE cases for status changes. If no status is found after initial verification, a “no status” response is issued. Subsequent or updated statuses (e.g., new pending applications) are also reflected only in new SAVE cases.
• Non-Categorical Parole Adjustments
• Individual parole grants (such as humanitarian or public-benefit parole) may be terminated early at DHS’s discretion. While Form I94 records are updated immediately, C11 EADs remain valid until expiration or formal revocation. Verification requires a new SAVE submission
• TPS Venezuela Changes
• TPS and EADs remain valid for those with qualifying expiration dates through October 2, 2026, or until pending litigation concludes.
• TPS Haiti Adjustments
• EADs with varying expiration dates remain valid through September 2, 2025. SAVE claims for dates beyond then may need extra verification.

Tips for Employers using SAVE

• Always run a fresh SAVE case when an individual’s parole, TPS, or EAD status may have changed.
• Be aware that court rulings can delay the end of parole or TPS—check SAVE for updated results.
• Do not rely on prior SAVE responses; they may reflect now-invalid statuses due to recent DHS actions or legal rulings.

For the full updated guidance from SAVE you can visit this link: FAQs on the Effect of Changes to Parole and Temporary Protected Status (TPS) for SAVE Agencies | USCIS

H-1B Cap Reached for FY 2026

USCIS has received enough petitions to meet the regular H-1B cap of 65,000 and the additional 20,000 cap for applicants with U.S. advanced degrees for fiscal year 2026. While no new cap-subject petitions will be accepted, USCIS will continue processing petitions that are exempt from the cap. This includes petitions to extend H-1B status, amend terms of employment, change employers, or add concurrent employment for existing H-1B holders. Employers with questions about H-1B compliance or options for hiring foreign talent should consult experienced immigration counsel.

How the One Big Beautiful Bill Act Could Affect H-1B Cap-Exempt Hiring and High-Income Visa Holders

While the One Big Beautiful Bill Act (OBBB) does not directly change who qualifies for H-1B cap-exempt status, its broader tax provisions—combined with USCIS’s expanded definitions under the 2025 Final Rule—are creating ripple effects for visa holders and the employers who sponsor them. These changes may be especially relevant for nonprofit organizations, universities, and high-earning professionals currently on H-1B visas.

Under USCIS’s January 2025 Final Rule, cap-exempt eligibility has been broadened to include indirect employment arrangements and remote work, as long as at least 50% of the visa holder’s time supports the mission of a qualified nonprofit or educational entity. At the same time, OBBB introduces new financial considerations—from expanded but limited SALT deductions to higher immigration-related fees—that may impact renewal planning and green card strategies.

Cap-Exempt Expansion (USCIS 2025 Rule):

• Broader definition of cap-exempt organizations
• Indirect employment now counts (50% mission-related work)
• Remote work eligible if supporting an exempt entity’s mission

Financial Impacts from OBBB:

• SALT deduction cap raised to $40,000 (phased out over $500K income)
• Pass-through entity tax (PTET) workarounds preserved
• Higher immigration service fees for renewals and applications

If you’re navigating H-1B hiring or visa planning under these changes, Monty & Ramirez LLP is here to guide you. Call us at 281-493-5529 or visit montyramirezlaw.com.

Protect Your Workforce: Best Practices for Social Media and Travel Compliance

Employers with international business travelers should be aware of the growing role social media plays in immigration and border control decisions. U.S. Customs and Border Protection and other agencies routinely review employees’ public social media profiles and may conduct device searches at the border without a warrant. Posts that raise concerns about unauthorized work, visa violations, or controversial topics can lead to visa denials or refusals of entry, potentially disrupting business operations. Employers must establish clear policies and educate employees on managing social media risks to protect both their workforce and their business.

Employer Tips for Managing Social Media and Travel Risks:

• Develop and clearly communicate a social media policy addressing acceptable use related to immigration and travel.
• Provide training on how social media activity can impact visa approvals and border entry.
• Inform employees about their rights and responsibilities regarding device searches at international borders.
• Encourage employees to limit public posts about visa status, travel plans, and work-related activities.
• Maintain detailed records of any travel-related immigration incidents or refusals.
• Work closely with immigration counsel to provide immediate support if issues arise.
• Regularly review and update policies to reflect evolving legal and regulatory changes.

New USCIS Policy May Impact Sponsorship of Family Members by Employees

On August 1, USCIS issued updated policy guidance that could affect employees seeking to sponsor family members, particularly spouses, for green cards. The policy, effective immediately, emphasizes stricter review of family-based petitions,especially those based on marriage. USCIS clarified that approval of a petition does not automatically grant lawful status, and if a beneficiary is found ineligible, the agency may issue a Notice to Appear for removal proceedings.

Employers should be aware that these changes may delay or complicate personal immigration matters for sponsored employees with family members in the process. The guidance clarifies documentation requirements, interview protocols, and how cases are handled when there are multiple or overlapping petitions. As family-related issues can sometimes intersect with employment-based filings or affect an employee’s ability to remain work-authorized, HR and legal teams should stay informed on these developments and consult immigration counsel as needed.

Reminder for Employers and Sponsored Employees: Update EOIR Address as Dormant Cases Are Reopened

We’re seeing a sharp increase in efforts by the government to reopen administratively closed immigration cases that have been inactive for years. These motions to recalendar place cases back on the immigration court docket with little warning. If the Executive Office for Immigration Review (EOIR) does not have the current address of the employee or sponsored individual, they risk missing hearing notices and facing potential removal orders. Many people mistakenly assume that updating their address with USCIS is sufficient—but USCIS and EOIR are separate agencies with separate systems. Updating one does not automatically update the other. Employers should proactively confirm that any foreign national employee with a past immigration court case has an up-to-date address on file with EOIR. Schedule a consultation with our office if you or your sponsored employee needs help updating an address or navigating a newly reopened case.

August 2025 Visa Bulletin

Final Action Dates for Employment-Based Visa Applications

For August 2025, USCIS announced it will use the Final Action Dates chart published by the Department of State.

We are here to help.   We have a team of attorneys ready to help you with your inquiries.   For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email