USCIS to Consider “Anti-Americanism” in Certain Immigration Decisions

On August 19, 2025, USCIS issued a policy alert that the agency will review “anti-Americanism” as a  discretionary factor when reviewing certain benefit requests.

“Anti-Americanism” will be reviewed in requests such as employment authorization applications, F visa extension applications and changes of status, requests for National Interest Waivers, and employment-based adjustments of status.

 

USCIS dictates that officers should give “overwhelmingly negative weight” to evidence of an applicant’s support for or promotion of terrorist ideologies, antisemitism, or other conduct USCIS may consider “anti-American”. The agency asserts that such conduct will likely lead to denial of the requested benefit.

 

The policy explicitly allows officers to consider public behavior, including social media activity, as part of this discretionary review, making it important for applicants to be mindful of their digital footprint when applying for immigration benefits.

September 2025 Visa Bulletin: No Movement and No Retrogression So Far

The Department of State has just issued the September 2025 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

Table B: Adjustment of Status Filing Chart

USCIS will continue to use the Table A Final Action chart for I-485 employment-based filings in September 2025. See: USCIS Visa Bulletin Dates

MU Law Analysis

There was no movement forward for any employment-based category, and as of August 18, 2025, no category has retrogressed.

The Visa Bulletin notes that there has been a steady increase in visa demand throughout the fiscal year. If, at any time before September 30, 2025, the annual limit of any category is reached, the Department of State will immediately make the preference category “unavailable”, and no further requests for visas will be honored.

End of Fiscal Year FAQ

Q.  Why do visa categories often retrogress in September?

A. The Department of State has a limited number of immigrant visas it may issue each fiscal year, which runs from October 1 – September 30. The Department of State must avoid issuing excess immigrant visa numbers before the end of the fiscal year or else it violates federal law. 

The issuance totals in some categories are approaching the annual limit for FY-2025, which could require the Visa Bulletin’s retrogression in order to slow down issuance rates. 

Q. Does this mean that certain categories will permanently be retrogressed?

A.  No. This would be a temporary retrogression in effect for the remainder of the fiscal year (i.e. until September 30, 2025). The Department of State generally advances final action dates in October each year, when the new fiscal year begins.

Q.  If I have an interview, but my priority date retrogresses in September, will I still be able to get my green card?

A.  If you have an interview before your category retrogresses, you will be able to get your green card.  However, if the Department of State updates your category to “unavailable” prior to your interview date, the interview may be postponed until your priority date becomes current again, which could be as early as October 1, 2025.

If you have questions on this month’s Visa Bulletin, please reach out to your MU attorney directly or Contact Us.

Department of State to Require In-Person Interviews for Most Visa Applicants

On July 25, 2025, the Department of State (DOS) announced in an Interview Waiver Update  that it will reduce significantly the categories of visas eligible for a waiver of an in-person visa interview.

Effective September 2, 2025, DOS will require all nonimmigrant visa applicants (including E, F, H, J, K, L, M, O, P, and R visa applicants) to appear for in-person interviews with consular officers. In-person interviews will be required for both initial and renewal applications.

DOS will waive the in-person interview requirement for very limited visa types, including certain B visa applicants and some diplomatic, official, and NATO visa applicants.

Previously, the Biden administration allowed visa interview waivers for renewals of all nonimmigrant visas that had expired within the previous 48 months. In February 2025, the Trump administration restricted the rule to allow for waivers only within 12 months of previous visa expiry.

Employers should consider the additional time required for interview scheduling and completion based on this update.

Immigrant Caregivers are Crucial to Staff Direct Care Industry

President Trump’s “immigration crackdown” has elicited a warning from the direct care industry: immigrants are essential.

Although immigrants comprise 17% of the total American labor force, they make up 31% of the home care workforce and 21% of the residential care aide and nursing assistant workforce, according to a 2024 report from Leading Age, an organization representing nonprofit aging services providers.

 

A recent article by USA TODAY highlights the severity and scope of the direct care worker shortage, which is set to reach critical levels as the US faces even higher demand to care for aging Baby Boomers.

 

In 2020, 55.8 million people in the US were 65 and over, according to census data. A study in Health Services Research estimates that number will reach nearly 70 million by 2030.

 

From 2022 to 2037, a National Center for Health Workforce Analysis estimated the demand for home health aides will rise 35%, the demand for personal care aides will rise 38%, and the demand for nursing assistants will rise 41%.

 

Articles by Axios and AP News echo the essentiality of immigrant caregivers in US nursing homes, and warn of the effect President Trump’s immigration policies are already having on nursing home staffing in the US.

 

AP News reports:

 

“The aging of the massive Baby Boom generation is poised to fuel even more demand for caregivers, both in institutional settings and in individuals’ homes. BLS projects more growth among home health and personal care aides than any other job, with some 820,000 new positions added by 2032.”

 

Due to high demand and Department of State backlogs, immigrant nursing aides who qualify for a Green Card are currently waiting more than three years to enter the U.S. after their cases are approved.

 

Because of lengthy backlogs, staffing companies employing nursing assistants and nurse aides are best equipped to withstand immigration delays in their business models; however, meeting the demand for direct caregiving in the US in the coming years will require policies to extend temporary work authorization for direct care workers and policies to alleviate Department of State backlogs for permanent immigration solutions.