Wise Moves: BrownWinick Immigration Intel

Welcome back to Wise Moves, where we translate fast-moving immigration news into employer action. This month brought more big shifts at DOS and USCIS that will affect hiring timelines, global mobility, and case strategy through the fall and beyond. 

At a Glance: What employers need to know 

1. USCIS payment modernization (effective now). USCIS rolled out ACH direct debit fee payments. USCIS will stop accepting paper checks on Oct. 28, 2025. After that, payment must be ACH (G-1650) or credit card (G-1450). Update internal filing checklists and payment instructions. USCIS 
2. Interview waivers curtailed starting Sept. 2. DOS will require in-person interviews for nearly all NIV applicants, including children under 14 and those over 79, with only narrow exceptions. Expect longer wait times.  
3. Where IV cases are scheduled is changing (effective Nov. 1, 2025). NVC will schedule immigrant visa interviews in the applicant’s country of residence (or nationality on request), with limited exceptions. Review and strategize immigrant visa appointments well in advance to avoid undue delays. travel.state.gov 
4. USCIS discretion update. Policy Manual guidance adds/clarifies discretionary factors (including conduct and certain affiliations) that officers may weigh when benefits require discretion, relevant to AOS and other filings. Thorough review of applicants’ backgrounds and full disclosure on petitions are critical. USCIS Policy Manual 
5. New Visa Bond Pilot Program Announced. The U.S. Department of State has published a Temporary Final Rule launching a 12-month visa bond pilot program for B-1/B-2 visa applicants from certain countries, currently Malawi and Zambia. The program will run through August 2026 and then will be reviewed for potential continuation or expansion. Bond announcement. 
6. Student visa enforcement headlines. State has revoked 6,000+ student (FMJ) visas year-to-date, largely for criminal conduct/overstays; a smaller portion cited terrorism support grounds. International student and scholar offices and campus employers should revisit compliance touchpoints. Revocation News 
7. PERM timing remains long. DOL’s latest FLAG snapshot continues to show lengthy review times. Plan recruitment/prevailing wage/PERM paths early. Flag.dol.gov 
8. Visa Bulletin: year-end caution. September filings use Final Action for EB categories. Watch tight EB-2/EB-3 movement into fiscal-year close and expect little to no progress in priority dates. USCIStravel.state.gov
    

Deep Dive & What to Do 

1. USCIS Fee Modernization 

What changed. USCIS now accepts direct debit from a U.S. bank account using Form G-1650 (Authorization for ACH Transactions), effective immediately, alongside the existing credit card option via Form G-1450. USCIS will stop accepting paper checks and money orders after Oct. 28, 2025 (limited exemptions apply). USCIS 

Key details. 

• Insufficient funds & declines: ACH returns for insufficient funds may be resubmitted once; credit card transactions are not retried. USCIS may reject the filing or, if already approved, revoke with notice if payment is unfunded.  
• Bank blocks: If your bank uses ACH debit blocks, provide USCIS ALC+2 codes to your bank in advance so debits clear.  
• No U.S. bank account? Use G-1450 (credit/debit or pre-paid card). A narrow paper-payment exemption is available via G-1651 for hardship or specified circumstances.  

Why it matters. This change reduces mail handling and lost checks but shifts risk to payment accuracy and account readiness. Rejections for payment errors reset receipt dates and can create downstream timing issues (e.g., for cap, age-outs, status deadlines).  

Action steps. 

• Pre-clear ACH with your bank. Share USCIS ALC+2 codes to remove debit blocks (especially for corporate accounts).  
• Train teams on declines. If ACH bounces, USCIS may try once more. If your card is declined, USCIS does not retry. Expect rejection and re-file. Build time buffers.  
• International scenarios. For employees or sponsors without U.S. bank accounts, plan to use G-1450 (credit/debit or pre-paid) or evaluate if G-1651 exemption criteria apply.  

2. Interview Waiver Rollback: prepare for in-person interviews

What changed. As of September 2, 2025, almost all nonimmigrant visa applicants must appear for interviews. travel.state.gov 

Why it matters. More interviews = longer queues and travel friction for renewals, business travel, and work-visa stamping. 

Action steps. 

• Build lead time into employee travel plans and proactively set employee expectations. 
• Where possible, schedule interviews well in advance of travel bookings to ensure your employees are able to attend the interview and receive their passports before needing to return to the U.S. 
• Review global visa wait time tracker and centralize documentation checklists to avoid rescheduling.
   

3. IV Interviews in Country of Residence (effective Nov. 1) 

What changed. NVC will default to scheduling immigrant visa cases in the applicant’s country of residence (or nationality if requested), limiting employers’ flexibility. travel.state.gov 

Why it matters. Multinational transfers, trailing family, and students graduating abroad may need to relocate (temporarily) or adjust logistics for medicals/police certs. 

Action steps. 

• Map residence early in PERM/I-140 planning and budget travel to the correct post. 
• For cross-border hires, evaluate AOS vs. consular strategy sooner

4. USCIS Discretion: Fully Document Positive Character 

What changed. USCIS updated the Policy Manual on discretionary analysis for benefits requiring discretion (including AOS), listing factors officers may weigh (conduct, character, community ties, etc.). USCIS Policy Manual Update 

Why it matters. Thin records risk RFEs/denials even when statutory eligibility is met. 

Action steps. 

• Highlight positive equities (employment history, community contributions, rehabilitation evidence where relevant). 
• Screen for issues (e.g., arrests, public-facing conduct) and address them directly in the filing. 
  

 5. New: Visa Bond Pilot Program for B-1/B-2 Travelers 

What changed. DOS issued a Temporary Final Rule establishing a 12-month visa bond pilot: effective August 20, 2025 through August 5, 2026. Consular officers may require a refundable Maintenance of Status and Departure Bond of $5,000, $10,000, or $15,000 for otherwise-eligible B-1/B-2 applicants from designated countries (currently Malawi and Zambia; DOS may amend the list with 15 days’ notice). DOS Announcement  

How it works. If a bond is required, applicants will receive consular instructions to post it via Pay.gov using DHS Form I-352; the funds are held in a Treasury-hosted DHS account. DOS guidance explains when a bond is canceled/returned (e.g., timely departure, no travel, or denial at POE). For this pilot, bonded travelers must arrive/depart through specified U.S. airports (currently BOS, JFK, IAD).  

Why it matters. This adds cost, paperwork, and coordination for affected travelers (and extra workload for consular sections) so expect longer processing times in impacted posts. 

Action steps. 

Budget & timeline: Add line-items for potential bond outlays and build in extra lead time for interview → bond posting → issuance.  

Process control: Instruct employees to wait for consular direction before paying; do not use third-party sites.  

Travel logistics: Verify any required ports of entry before booking; keep departure evidence (I-94 history, boarding passes) to support bond cancellation.  

Country watch: Monitor DOS updates; the country list can change during the pilot with 15-days’ notice.  

6. Student Visa Revocations: campus & research employers 

What we know. A State official confirmed 6,000+ student-visa revocations YTD; ~4,000 tied to criminal violations; hundreds more to terrorism-related grounds. Revocation News 

Employer takeaways. 

• Refresh policy memos for campus workers, international student interns, and lab visitors. 
• Coordinate with DSOs/ROs on status maintenance and timely reporting for CPT/OPT/SEVIS events. 
• For affected workers, triage for reinstatement or other sponsorship alternatives when appropriate. 

7. Visa Bulletin & Filing Chart 

• September 2025 filings: USCIS directs Final Action Dates for all EB categories; check your priority dates before filing. Visa Bulletin 

8. PERM Processing Times Snapshot 

• Recent FLAG snapshot shows lengthy timelines for Prevailing Wage and Labor Certification review by DOL. Build a buffer into hiring roadmaps and communicate timelines to candidates/HR. DOL Processing Times 
• Track PERM case milestones in one place and align start-dates to include any necessary visa stamping lead time post-approval. 

Employer Checklist for September 

• USCIS fees: Be prepared for speedbumps as USCIS phases out payment by check as of Oct. 28, 2025. Immigration practitioners have long used paper checks to avoid these issues, which will now come to light and have the potential to disrupt timely filings. 
• Travel/stamping: Update your interview waiver assumptions. Adjust travel calendars and offer letters to reflect likely in-person interviews after Sept. 2. DOS Interview Waiver Update 
• Green cards: For any case near current Final Action in September, pre-assemble AOS packets and evidence of favorable discretion (employment history, ties).  
• University/research partners: Re-circulate status-maintenance guidance for FMJ populations; confirm incident-reporting pathways.  
• PERM pipeline: Re-forecast start dates given DOL timing; start PWRs early for FY26 hires.  

Upcoming speaking & resources 

• Employment Law Seminar (Nov 2025): trends in employment law and immigration for in-house counsel and HR. 
• Need a tabletop? We run ICE worksite visit workshops (roles, signage, and response playbooks) and AOS “discretion” file audits tailored to your industry.
   

Let’s talk 

Whether you’re hiring one critical specialist or scaling teams, immigration is a talent strategy. If you want help translating these changes to your workforce plan, if you’d like a quick audit of your PERM or visa stamping roadmap, or are looking for other strategic immigration advice, you can reach out anytime. 

BrownWinick’s immigration team supports clients across healthcare, professional services, research, agriculture, and more. We’re focused on clear strategy, responsive counsel, and helping your workforce stay compliant and competitive. 

Sign Up To Receive Our Immigration Newsletter Here!