Pabian Law Clients,
I hope everyone had a nice week! Below, please find our latest update on the recent immigration actions that have occurred in the last two weeks:
Temporary Protected Status (TPS) ends for Haiti
TPS for Haiti officially ended on July 27th. Therefore, workers under this program are no longer work authorized and must be terminated. Employers should reverify workers if they have alternative work authorization documents to present.
As a reminder, now that the U.S. Supreme Court ruled that the Administration has the authority to proceed with removing all TPS protections, we will almost certainly see other ongoing TPS litigation end the same.
U.S. State Department (DOS) seeks to expand grounds to end J-1 visa program
On July 30th, DOS issued a proposed regulation that seeks to expand the grounds upon which a J-1 exchange visitor’s participation in a cultural exchange program can be terminated. Under the proposed rule, a J-1 sponsor must now terminate the exchange visitor’s participation in their program under certain grounds that previously were not required. For example, under the new rule, the sponsor would be required to terminate if the visitor fails to maintain the health and accident insurance coverage that is required under the visa, even if the failure was unintentional. Under the old rule, this would have only been mandatory if the failure was willful. The proposed rule also adds more discretionary grounds for DOS to terminate an exchange visitor’s participation.
This proposed rule further reflects the Administration’s continued restrictive stance on the J-1 visa program as well as its broader effort to expand vetting and screening of foreign nationals. Due to these ongoing challenges with the J-1 visa program, employers should continue to strategize their staffing needs by reducing their reliance on J-1 visas, using them to complement—rather than supplement—their core workforce.
DOS announces Public Charge Bond for immigrant visas
On August 5th, DOS implemented a new procedure allowing consular officers to require certain immigrant visa applicants to apply for a Public Charge Bond with U.S. Citizenship and Immigration Services (USCIS) in order to overcome a public charge denial. A public charge denial is when an applicant’s immigration benefit is denied because the government decides that the person is likely to depend on the U.S. government for financial support. The bond serves as a financial guarantee that the individual will not rely on government resources. The consular officer has discretion over the amount of the bond and will set it based on the totality of circumstances of each case. Currently, this procedure is being used under a pilot program.
It appears that this bond may be refundable, however DOS has not issued further guidance on this.
This new program seems intended to generate money for the government while financially encouraging applicants to be self-sufficient before entering the U.S..
DOS launches $750 expedited visa interview program
On July 22nd, DOS issued a temporary final rule implementing a new, optional $750 expedited appointment fee for visa applicants. The fee would allow certain B-1/B-2 nonimmigrant visa applicants to secure a visa appointment within ten (10) business days. This would initially be rolled out as a pilot program and would only be available at certain U.S. consulates/embassies abroad. All applicants would still need to go through the same screening and vetting process as all other visa applicants.
This program appears to address visa interview backlogs and delays while again, generating money for the government by offering a faster path for applicants willing and able to pay.
DOS makes visa bond program permanent
On August 3rd, DOS issued a final rule making permanent the visa bond pilot program established in August 2025. Under the program, B-1/B-2 nonimmigrant visa applicants from certain countries (determined to have high overstay rates) will be required to submit a bond up to $20,000 as a condition of visa issuance. The bond is refundable if the terms of the bond have not been breached.
Again, this bond program serves as a revenue-generating measure for the government and as a financial incentive for applicants to not overstay and to abide by the terms of their visa.
We hope that you find these resources helpful as we all try to make sense of what is really happening in the world of immigration law.
Thanks, everyone, and have a great weekend!
Best regards,
Keith and the Pabian Law Team