At Brown Immigration Law, we strive to be your company’s partner in growth and innovation, on a global scale. We continue our commitment to demystifying the complex immigration laws of the United States and Canada to provide efficient and effective immigration and global mobility support. Please find this month’s business immigration news below.

U.S. BUSINESS IMMIGRATION UPDATES

Department of State Announces Aggressive Approach to Review Visas Issued to Chinese Nationals

On May 28, 2025, Secretary of State Marco Rubio announced that the Department of State (“DOS”) will work with the Department of Homeland Security to ‘aggressively’ revoke visas for Chinese students, including those with connections to the Chinese Communist Party or studying in critical fields. Additionally, the Department of State will also revise visa criteria to enhance scrutiny of all future visa applications from the People’s Republic of China and Hong Kong. China’s foreign ministry has condemned the move and said it had lodged protests with Washington, while Chinese students with offers from U.S. universities have expressed despair at the crackdown.

According to NPR, “For decades, China was the biggest source of international students to the U.S., but those figures have declined steadily after tensions with the U.S. worsened and a global coronavirus pandemic temporarily closed borders. Last year, the volume of students hailing from India eclipsed China.” NPR confirms this move could impact many of the approximately 280,000 Chinese students currently in the U.S. (high school, university, and graduate levels).

Please note that any visa revoked by DOS must include notice to the visa holder, typically via email and a revocation of a visa doesn’t immediately impact an individual’s status in the country. If you receive notice of revocation it is advisable to contact an attorney. We will continue to monitor policy developments and share further information as soon as it becomes available. If you have upcoming international travel or visa appointments, please contact your BIL attorney for a case-specific assessment. To stay up to date on this topic, and other pressing updates in immigration law, please visit our Trending Topics page.

DOS Cable on Expanded Screening and Vetting of Visa Applicants Traveling to Harvard

On June 04, 2025, President Trump issued Proclamation 10948, which suspends the entry of foreign nationals seeking to study or participate in exchange programs at Harvard University. This is an additional step to restrict international students going to study at Harvard after the May 22, 2025 SEVP revocation (effectively barring Harvard from enrolling international students for the 2025–2026 academic year. See additional information here.)

The new proclamation will also allow DOS to consider whether to revoke the visas of current Harvard students on a case-by-case basis, and exceptions may be made for national interest considerations. The reasoning behind this is Harvard’s alleged noncompliance with DHS requests for information about foreign students’ “‘known illegal activity,’ ‘known dangerous and violent activity,’ ‘known threats to other students or university personnel,’ ‘known deprivation of rights of other classmates or university personnel,’ and whether those activities ‘occurred on campus,’ and other related data.” See the White House’s fact sheet on the proclamation here. Since introducing the Proclamation a Federal Court has twice enjoined the government from enforcing it. In addition to the Proclamation, the DOS sent formal instructions to all visa posts to subject all visas related to Harvard, including those visiting for a lecture or guest instructing, to extreme vetting of all social media. These instructions, as written clearly direct consular officers to create delays for visa decisions through Administrative Processing of all Harvard related visas.

Following the ongoing litigation at our Trending Topics page.

Internal Trump Administration Memo Describing Potential $1,000 Fee to Fast-Track Nonimmigrant Visas

Reuters has reported on an internal Department of State memo considering a $1,000 fee for tourists and other nonimmigrant visa applicants seeking an expedited interview appointment. The potential $1,000 fee would be in addition to the $185 processing fee that already applies to nonimmigrant visa applications; however, it would allow certain applicants to jump to the front of the line for visa interviews.

The memo reviewed by Reuters said that the program could arrive in pilot form as early as December. That said, Reuters also reported that the Department of States’ legal team indicated that there was a “high risk” it would be rejected by the White House budget office or struck down in U.S. courts for setting a fee above the cost to provide the service which is “is contrary to settled Supreme Court precedent.”

We will continue to monitor updates and share further information as soon as it becomes available.

The Department of State has Announced Embassies Can Resume Scheduling F, M, and J Visa Interviews

The temporary pause on F, M. and J visa interview appointments implemented on May 27, 2025, has been lifted effective June 18, 2025, with enhanced vetting. Consulates must conduct thorough vetting of applicants. The Department of State advised in their press release that all applicants for F, M, and J nonimmigrant visas will be instructed to adjust the privacy settings on all of their social media profiles to ‘public’.

Applicant’s online media presence will be reviewed for “any indications of hostility towards the citizens, culture, government, institutions or founding principles of the United States.” Consulates are also instructed to flag “advocacy for, aid or support for foreign terrorists and other threats to U.S. national security” and “support for unlawful antisemitic harassment or violence.” According to the Department of Education, Consulates have been instructed to prioritize expedited visa appointment requests for “J-1 physicians (and) F-1 students seeking to study at a U.S. university where international students constitute 15 percent or less of the total student population.”

We are continuing to monitor the situation and more information about this topic specifically can be found under Topics We’re Monitoring.

DOS Announces Visa Restriction Policy Targeting Foreign Nationals Who Censor Americans

On May 28, 2025, Secretary of State Marco Rubio announced a new visa restriction which would target foreign nationals “who are responsible for censorship of protected expression in the United States.” The announcement goes on to state that it is unacceptable for foreign officials to issue or threaten arrest warrants on U.S. citizens or U.S. residents for social media posts on American platforms while physically present on U.S. soil. The same prohibition extends to foreign officials who demand that American tech platforms “adopt global content moderation policies or engage in censorship activity that reaches beyond their authority and into the United States.”

ICYMI: Travel Ban Impacting 19 Countries Takes Effect

Earlier this month, the Trump Administration announced a travel ban impacting nationals of 19 countries. The travel ban has now taken effect, fully restricting the entry of nationals from 12 countries and partially restricting the entry of nationals from 7 countries. Department of State has also suspended visa issuance to nationals from the countries in accordance with President Trump’s proclamation.
 
Travel restrictions only apply to individuals outside the United States when the proclamation took effect. The proclamation includes certain exceptions for lawful permanent residents, existing visa holders, certain visa categories, and individuals whose entry serves U.S. national interests. Please visit the Trending Topics page on our website for more details about the Travel Ban. If you have concerns or questions about the travel ban, please reach out to your attorney at Brown Immigration Law.

USCIS Changes Validity Period for Form I-693: Report of Immigration Medical Examination and Vaccination Record

Starting July 3, 2025, USCIS will only accept the January 20, 2025, edition of the Form I-693: Report of Immigration Medical Examination and Vaccination Record. The edition date can be found at the bottom of each page. If you will be attending an immigration medical appointment, please confirm that the panel physician is using the correct edition of the form. USCIS has updated its policy manual to clarify that Form I-693 is only valid while the application with which the Form was submitted is pending, so please make ensure the most up-to-date edition of the form is used and contact your Brown Immigration Law attorney with any questions.

New USCIS Guidance for TN Classifications Under USMCA

On June 4, 2025, USCIS announced that it is issuing policy guidance in the USCIS Policy Manual regarding certain eligibility requirements, including filing, petitions for classification, and change of status related to the TN nonimmigrant visa classification under the USMCA.

This new policy guidance is set to further explain the Service’s role in adjudicating initial TN petitions, as well as applications to extend or change nonimmigrant status to TN. It also clarifies eligibility requirements for certain TN occupational categories, including employment, degree, and licensure requirements. Further, it provides guidance relating to the spouse and unmarried minor children who are accompanying or following to join a TN nonimmigrant (TD).

More information about this new policy guidance can be found in the June 4 Policy Alert. Comments for this new guidance are due by July 7, 2025.

July 2025 Visa Bulletin Released

The Department of State has released the Visa Bulletin for July 2025. For employment-based preference cases, USCIS continues to accept the Final Action Dates chart.

The EB-1 category for mainland-born China saw their priority date move from November 8, 2022, to November 15, 2022. Furthermore, China’s EB-2 category jumped from December 1, 2020, to December 15, 2020, and its EB-3 category also advanced from November 22, 2020, to December 1, 2020.

The employment-based preference categories for India did not see any change for EB-1 and EB-2 categories from June to July, but did see an advancement for the EB-3 category. The new final action date for EB-3 India is now April 22, 2013.

Mexico and the Philippines also did not see much movement from June to July. However, the EB-3 category for Mexico moved from February 8, 2023, to April 1, 2023, and the “Other Workers” category for the Philippines was updated from June 22, 2021, to July 8, 2021.

For all chargeability areas except those listed (i.e., “Rest of World” countries of birth other than mainland China, India, Mexico, and the Philippines), EB-1 continues to be current. EB-2 final action date did not move from June to July and remains October 15, 2023. However, the EB-3 date advanced from February 8, 2023, to April 1, 2023.

CANADIAN BUSINESS IMMIGRATION UPDATES

Ontario Immigrant Nominee Program – OINP

This month, Ontario released an update for the first time about changes to its Provincial Nominee Program (PNP).

First on the list, the reduction, something we are all too familiar with. As other provinces have already mentioned, Ontario announced that there has been a 50% reduction in PNP admissions. Ontario also stated that applicants should expect slower processing time due to this change in allocation.

The province also announced that the invitations will be focused towards “skilled economic immigrants” to help alleviate their critical labour shortages.

Ontario also stressed that applicants need to stay up to date on the forms used in their applications. Updated forms must be used at the time of submission, and the use of certain outdated forms (e.g., Application for Approval of Employment Position (Employer Form)) will result in the application being returned as incomplete, as well as a refund of the fees.

Several rounds of invitations were issued on June 3, 2025, with:

• 973 targeted draws for Employer Job Offer streams: candidates in Northern Ontario invited.
• 843 targeted draws for Employer Job Offer streams: Regional Economic Development through Immigration (REDI).
• A priority was placed on health occupations in the Employer Job Offer: Foreign Worker or Employer Job Offer: International Student streams. If the candidate had a score of 68 or higher and a job offer in the following National Occupational Classification (NOC) codes, they received an invitation:
  • NOC 31101 – Specialists in surgery
  • NOC 31102 – General practitioners and family physicians
  • NOC 31300 – Nursing coordinators and supervisors
  • NOC 31301 – Registered nurses and registered psychiatric nurses
  • NOC 31302 – Nurse practitioners
  • NOC 31303 – Physician assistants, midwives and allied health professionals
  • NOC 32101 – Licensed practical nurses
  • NOC 33102 – Nurse aides, orderlies and patient service associates
  • NOC 44101 – Home support workers, housekeepers and related occupations
• For the Employer Job Offer: In-Demand Skills stream, the candidates with at least a score of 34 and a job offer under the NOC code 44101 received invitations.
• The Foreign Worker stream: targeted candidates with a score of 45 and above with a job offer under NOC code 41321.

It is worth mentioning that the invitations were issued primarily to those already in Canada and focused even more so on those with at least a bachelor’s degree in regard to educational achievements. 

Employer: Job Offer Streams

The Ontario Immigrant Nominee Program (OINP) is implementing significant changes to its Employer Job Offer streams, shifting from an applicant-led to an employer-led process. Effective July 2, 2025, foreign nationals will no longer be able to apply directly to these streams. Instead, employers will be required to initiate the application process through a new online employer portal, submitting job details to the OINP before a candidate can register an Expression of Interest (EOI). This marks a substantial departure from the previous system, where foreign nationals would first submit an EOI and then request their employer to provide supporting documentation.

These changes will impact the Employer Job Offer: Foreign Worker stream, International Student stream, and In-Demand Skills stream. A phased timeline has been outlined to manage this transition. From June 20 to July 2, 2025, no new EOIs will be accepted under these streams, and all existing EOIs will automatically expire and be withdrawn between June 21 and June 22. The OINP’s online system will also be unavailable for all program streams from June 27 to June 29. Once the new Employer Portal opens on July 2, employers can register and provide employment position information, enabling foreign nationals whose EOIs were previously withdrawn to re-register with employer assistance. The OINP has advised that new EOIs registered after July 2 will be valid for 12 months and eligible for future program draws.

In addition to these structural changes, Ontario is planning other modifications to the OINP. These include granting inspectors the authority to conduct in-person interviews with OINP applicants, requiring job posting platforms to have dedicated sections for reporting fraudulent employment postings, and reviewing how employers access job candidate information, with a focus on privacy limitations and obligations. These broader changes underscore a move towards increased scrutiny and enhanced integrity within the province’s nominee program.

Express Entry – Latest Invitation Rounds

Immigration, Refugees and Citizenship Canada (IRCC) has conducted another Express Entry draw, issuing 3,000 Invitations to Apply (ITAs) to candidates under the Canadian Experience Class (CEC). To be eligible for this draw, candidates needed a minimum Comprehensive Ranking System (CRS) score of 529 and must have created their Express Entry profile before 6:06 p.m. UTC on September 28, 2024. This marks the fourth Express Entry draw in June and signifies a return to the larger, more frequent CEC draws that were a regular feature throughout 2024 and earlier this year. Notably, this is also the first CEC-specific draw under Canada’s new Immigration Minister.

This latest draw follows a series of other Express Entry invitations this month, including a smaller Provincial Nominee Program (PNP) draw on June 10, a draw for healthcare and social services occupations on June 4, and another PNP draw on June 2. So far in 2025, IRCC has issued a total of 38,342 ITAs through the Express Entry system. While the system has primarily focused on PNP candidates this year, the remaining ITAs have been allocated to CEC candidates, those with strong French language proficiency, and individuals in other Express Entry priority categories.

Canada’s Strong Borders Act: What You Need to Know

The Canadian government has announced its Strong Borders Act, a new law designed to make our immigration system more secure, fair, and efficient. Canada has always been proud of its immigration system, seeing it as a key driver of economic growth. This new Act aims to rebuild trust by ensuring a balanced approach that protects our borders, makes our immigration and asylum systems more resilient, and allows us to better respond to new challenges. It’s all about building a safer and more equitable Canada for everyone.

1. Taking Charge of Immigration Documents

One of the key parts of the Strong Borders Act gives the government more power to manage immigration documents like visas, electronic travel authorizations, and work/study permits. This means they can cancel, suspend, or change these documents, and even temporarily stop accepting new applications, when it’s in “public interest”.

What does “public interest” mean? It’s not a fixed list, but it can include things like:

• Fairness: Protecting the integrity of our immigration programs.
• Safety and Security: Addressing risks to Canada or Canadians.
• Misuse of Programs: Cracking down on people who abuse government-funded programs.
• Emergencies: Responding to large-scale crises or unexpected events.

Important Note: This new power does not allow the government to cancel asylum claims. It only applies to immigration documents and applications for them. Each decision to use these powers will be carefully made by the Governor in Council (the Governor General), considering how it might affect vulnerable people. Also, if an order is made to pause or change documents, it won’t immediately take away someone’s permanent or temporary resident status, as there are already laws and processes for that.

2. Better Information Sharing Within Canada

The Act also proposes changes to improve how government departments and provinces/territories share information about immigrants. Currently, Immigration, Refugees and Citizenship Canada (IRCC) already shares some information, but it often involves time-consuming, case-by-case reviews.

The new law will create clear rules to allow information sharing to be more systematic and less burdensome. This will help close gaps and save time and money. With faster access to information, federal, provincial, and territorial partners can:

• Confirm Identity: Verify who arrived in Canada through the immigration system, which helps people access public services and integrate successfully.
• Prevent Fraud: Detect individuals who might be using different identities to cheat benefit programs.
• Support Law Enforcement: Aid in law and border enforcement activities and investigations.

Your Privacy Matters: Any new way your personal information is used or shared under these new rules will follow existing privacy laws and best practices. Your information will only be shared with partners who are legally allowed to collect it. Plus, these disclosures will require formal agreements that clearly state what information is shared, why, and how it can be used. Critically, provincial and territorial governments cannot share IRCC’s client information with other countries without IRCC’s permission and only if it follows Canada’s rules about preventing “mistreatment.”

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