Welcome to the Garfinkel Immigration news roundup, where every month we will summarize and provide links to the latest stories impacting U.S. immigration.
Below is the August 2025 edition of the Garfinkel Immigration news roundup:
Navigating the 60-day grace period: Why H-1B visa holders are suddenly receiving Notices to Appear
The attorneys at Garfinkel Immigration Law Firm have become aware that some H-1B visa holders are receiving Notices to Appear (NTA) in immigration court during their 60-day grace period.
U.S. Citizenship and Immigration Services (USCIS) issued a policy memo on February 28, 2025, which is used to guide the issuance of Notices to Appear (NTA) by all USCIS employees in cases involving inadmissible and removable noncitizens.
Per the memo, USCIS is no longer exempting classes or categories of removable noncitizens from potential enforcement, which includes referring cases to ICE and the issuance of NTAs. The memo guides USCIS officers on issuing NTAs in circumstances required by statute or regulation, for noncitizens not lawfully present in the U.S., and more.
As a result, USCIS is implementing the NTA policy memo in instances where the H-1B visa holder is in their discretionary 60-day grace period, apparently interpreting that time period as being out of valid status. This new trend seems to alter earlier precedent and interpretations set by the Department of Homeland Security (DHS), and is causing confusion for H-1B visa holders and employers. Anecdotally, DHS is also reportedly using AI tools to automatically generate the NTAs, which may be contributing to the new trend.
What is the J-1 waiver for physicians? Key details, agencies involved and what every noncitizen doctor needs to know
International medical graduates on J-1 visas have likely heard about the two-year home residency requirement, which can often feel like a hurdle to their future training. But for many physicians, the J-1 waiver is a strategic opportunity to continue practicing in the U.S. while serving in areas that need doctors the most.
In her latest story, Partner Colleen F. Molner, head of our Healthcare Specialty Practice Group, breaks down exactly what the J-1 waiver is, who it’s for, what agencies are involved, and how physicians can use it to bypass the home residency requirement.
What to know about denaturalization: A guide and overview for naturalized U.S. citizens
In recent months, many naturalized citizens have grown uneasy about news of the new administration’s push to review past immigration records more aggressively. Headlines mentioning “denaturalization” spark understandable worry: Can my citizenship be taken away?
While these concerns are valid, it is important to remember that denaturalization is a legal process with a high standard of proof and protection built into law. In our latest white paper, Senior Counsel Catherine Magennis explains what denaturalization is, who it may affect, a recent memo about the current administration’s priorities, and more.
Read the full white paper here.
Trump administration implements changes to U.S. citizenship application process
The Trump administration began implementing this month a pair of changes to the U.S. citizenship application process.
First, USCIS released a new memo instructing officers to account for foreign nationals’ “positive contributions,” not only the absence of misconduct, when making a determination about whether they have met the requirement for establishing good moral character.
These “positive” attributes include:
- Sustained community involvement and contributions in the United States.
- Family caregiving, responsibility and ties in the United States.
- Educational attainment.
- Stable and lawful employment history and achievements.
- Length of lawful residence in the United States.
- Compliance with tax obligations and financial responsibility in the United States.
Further, USCIS also will resume “neighborhood checks” for citizenship applications, according to a memo that was obtained by CBS in late August.
“The neighborhood checks would involve on-the-ground investigations by officials at U.S. Citizenship and Immigration Services that could include interviews with the neighbors and coworkers of citizenship applicants,” the CBS News story read.
The story continued: “The government investigations would be conducted to determine if applicants satisfy the requirements for American citizenship, which include showing good moral character, adhering to the U.S. Constitution and being ‘well-disposed to the good order and happiness of the United States.’”
The U.S. government has waived “neighborhood checks” for the citizenship application process since 1991, according to CBS.
Those who are currently in the citizenship application process, or are considering applying, should consult with experienced immigration counsel to find out how the new policies could affect them and the best ways to prepare.
Find out more about the changes to the U.S. citizenship application process here via Time and CBS News.
Many U.S. colleges may close without immigrants and international students, report finds
This story from Forbes Senior Contributor Stuart Anderson analyzes a new study from the National Foundation for American Policy which found that “many U.S. colleges and universities could be forced to close if they’re not able to enroll as many immigrants and international students.”
“The U.S.-born college-going population could fall by 15% between 2025 and 2029,” Anderson writes. “According to the analysis, total enrollment at U.S. higher education institutions peaked in 2010-11 and then declined, while the share of U.S. young adults enrolled in college has dropped.”
The story adds: “The research highlights the importance of the U.S.-born children of immigrants to U.S. colleges and universities. The second-generation accounts for about one in four undergraduate students in the United States, and approximately one in seven graduate students.”
Read the full Forbes story here.
State Department revokes over 6,000 student visas, citing ‘law breaking and overstays’
The Department of State (DOS) has revoked more than 6,000 student visas since the second Trump administration took office in January 2025, according to this report from CBS News.
“The vast majority of those violations or alleged violations entailed assault, driving under the influence, burglary, and ‘support for terrorism,’ according to a State Department official, although the State Department didn’t say whether those were accusations, arrests, charges or convictions,” the story read.
The story added: “Those roughly 6,000 students represent a fraction of the 1.1 million foreign students who studied at colleges and universities in the U.S. in the 2023-2024 academic year, the most recently available data.”
Read the full CBS News story here.
These industries are the most reliant on noncitizen workers
The construction, agriculture/mining and accommodation/food services sectors are the industries that rely most heavily on noncitizen workers, according to census data recently analyzed by Axios.
“Foreign-born noncitizens — including those who are legal residents or have work visas — make up 8.3% of the country’s civilian workforce age 16 and older, based on a 2019-2023 average of U.S. Census Bureau estimates,” according to the data from Axios. “They account for 17.5% of construction workers; 17.1% of those in agriculture and mining; and 11% of those in accommodations, food service and recreation.”