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

DS-160s Must be Submitted at least 48 Working Hours prior to Visa Interview and the Barcode Number Must Match Appointment Confirmation Notice

The Department of State has reportedly updated its internal procedures related to Form DS-160 (the online form required for a nonimmigrant visa processed through the Department of State via the embassies and consulates abroad). Two important updates:

• Form DS-160 must be submitted at least 48 working hours prior to the visa appointment. In line with this, we recommend submitting the DS-160 more than two (2) business days in advance of the interview.
• The Form DS-160 submitted prior to the visa interview must be the same one used to schedule to the visa interview, confirmed through the barcode listed on the form.

As reported succinctly by the U.S. Embassy and Consulates in Turkey:

“Effective May 2, 2025, all nonimmigrant visa applicants must ensure that the barcode number (starting with “AA”) on their DS-160 confirmation page exactly matches the barcode number used to schedule their visa interview appointment.

If the DS-160 barcode does not match on the day of your interview:

• You will not be permitted to proceed with the interview.
• You must reschedule your appointment using the correct DS-160 barcode.

How to update your DS-160 barcode before your appointment:

1. Visit https://ais.usvisa-info.com 
2. Log into your account.
3. On the “Applicant Summary Page,” click the gear icon and select “Edit.”
4. Enter the correct DS-160 confirmation number.
5. Click “Save.”

Note: The appointment system will lock two business days prior to your interview. If your interview is scheduled on or after May 19, 2025, you must update your DS-160 number no later than May 14, 2025. After this date, the system will enter a read-only mode before our transition to a new scheduling platform.”

Reports of Requests for Evidence on Employment-Based Cases Requesting Biometrics Collection

The American Immigration Lawyers Association has received reports of requests for evidence (RFEs) issued on employment-based cases (I-129s and I-140s) which request appearance at biometrics appointments and/or confirmation of addresses listed on the filing forms. On May 1, in response to AILA’s inquiry, the Association reports that USCIS stated:

“As part of the Trump Administration’s commitment to restoring integrity to our immigration system, we are increasing the screening and vetting of all aliens filing for immigration benefits and reserve the right to request additional information and conduct additional security checks at any point in the immigration lifecycle. Many screening and vetting safeguards lapsed under the prior administration.

Collecting beneficiary information and biometric data is a necessary part of USCIS’s efforts to promote national security and public safety and to mitigate fraud by conducting screening and vetting in all immigration programs and the agency is proud to be returning to this important work.”

In the context of an I-129 filing or an I-140 filing, prior to the Trump Administration, a biometrics appointment has not been a standard part of the process, so this may come as a surprise to individuals who have gone through these processes before. That said, individuals must comply with the requests for evidence or face the potential of their case being denied.

If an RFE is issued on your case, your BIL attorney should be in touch as soon as possible with instructions or next steps. If you have questions, please reach out to your BIL attorney.

E-Verify Technical Issue Resulting in Incorrect Mismatch (Tenative Nonconfirmation) Notices in April and Early May 2025

E-Verify posted an alert on May 19, 2025 indicating that their system experienced a technical issue which resulted in incorrect notices of tentative nonconfimation appearing in the system. E-Verify reported:

“E‑Verify recently experienced a technical issue with Social Security Administration (SSA) mismatch (tentative nonconfirmation) cases that were referred between April 9 and May 5, 2025. This includes cases involving dual SSA and DHS mismatches if the employee attempted to resolve the case by visiting an SSA office but did not contact DHS.

Due to this system error, some of these cases may have incorrectly received a final nonconfirmation (FNC) even after the employee took steps to resolve the mismatch at an SSA office.

Action Required:

• For any cases that received an FNC after an SSA or Dual SSA and DHS mismatch, for cases referred from April 9 to May 5, 2025, please create a new E‑Verify case.
• If you have already created a new case and received an Employment Authorized result for an affected employee, no further action is needed.
• You may notice the status message “E‑Verify Needs More Time” appearing longer than usual for these cases on the Case Status page.

Important:

If you receive an FNC for one of these affected cases, do not take any adverse action and do not terminate employment based on that FNC result during this time.”

If you believe you have received a mismatch notice in error, please contact your BIL attorney for an assessment.

TSA Now Requires REAL ID, which also May be Required at Local USCIS Field Offices

The TSA reports that: “As of May 7, 2025, state-issued driver’s licenses and IDs that are not REAL ID compliant are no longer accepted as valid forms of identification at airports. Passengers should either travel with an acceptable alternative form of ID, like a passport, or enroll for a state-issued REAL ID through their state DMV offices. Passengers who present a state-issued identification that is not REAL ID compliant at TSA checkpoints and who do not have another acceptable alternative form of ID will be notified of their non-compliance, may be directed to a separate area and may receive additional screening. This includes TSA PreCheck passengers.” More information about REAL ID can be found here.

In addition, according to AILA, beginning May 7, 2025, the Department of Homeland Security (DHS) began requiring REAL ID-compliant state-issued identification or other acceptable ID to enter most federal facilities. In addition, AILA has received reports that some local USCIS field offices are enforcing the REAL ID requirement to enter federal building, yet most are not.

We recommend reviewing these requirements in advance of any air travel or visit to a federal building, such as a USCIS local office.

DHS Announces the Rescission of Romania’s Designation into the Visa Waiver Program

According to a Department of Homeland Security update on May 2, 2025: “the Department of Homeland Security, in consultation with the Department of State, rescinded Romania’s Visa Waiver Program (VWP) designation.” DHS noted that “Romania’s designation should be rescinded in order to protect the integrity of the VWP and to ensure border and immigration security. Romania may be reconsidered for VWP designation in the future should they meet the statutory eligibility criteria.”

If you hold Romanian citizenship, this update means that you will be required to obtain a visitor visa at the consulate before entering the United States as a visitor, rather than being able to pursue visa free entry under the VWP. Please contact your BIL attorney with any questions.

June Visa Bulletin

The Department of State has published the June Visa Bulletin. For employment-based cases, USCIS continues to accept the Final Action Dates chart. For EB-2 and EB-3 India, the Visa Bulletin does not show movement from May to June. Additionally, EB-1 dates for all countries remain the same from May to June.

For all chargeability areas except those listed (commonly referred to as ‘Rest of World’ or countries of birth other than China, India, Mexico, and the Philippines), EB-2 advances from June 22, 2023 to October 15, 2023. EB-3 advanced from January 1, 2023 to February 8, 2023.

For China, EB-2 moves from October 1, 2020 to December 1, 2020, and EB-3 moves from November 1, 2020 to November 22, 2020.

CANADIAN BUSINESS IMMIGRATION UPDATES

Canada Invites 500 With High CRS Scores in Latest Express Entry Draw

Canada recently invited 500 people to apply for permanent residency through its Express Entry system. These invitations went to individuals who already have Canadian work experience, and they needed a score of at least 547 points in the Comprehensive Ranking System (CRS). There was also a tie-breaker: if multiple people had the same score, only those who created their profile before 5:26 p.m. on May 21, 2024, were chosen. This was the first time in over three months that Canada specifically invited people with Canadian work experience.

Avoid These Common Mistakes: IRCC’s Guide to a Successful PR Application

Applying for permanent residency in Canada can be a complex process, and Immigration, Refugees and Citizenship Canada (IRCC) has highlighted common pitfalls that can lead to application delays, rejections, or even bans. A crucial mistake often made by applicants is the incorrect use of National Occupational Classification (NOC) codes. Immigration officers meticulously compare an applicant’s stated job duties against the NOC lead statements and essential responsibilities, rather than relying solely on job titles. If the submitted NOC code doesn’t accurately reflect the work performed, especially if it aligns with a lower-skilled or ineligible occupation, the application may be flagged for further review or outright refused.

Another significant issue is the failure to declare changes in personal circumstances. Any shifts in an applicant’s situation must be promptly disclosed to IRCC. Concealing such changes can be interpreted as misrepresentation, which carries severe consequences, including application refusal and a potential five-year ban from entering Canada. Furthermore, applicants often provide inadequate proof of work experience. Canadian immigration programs have clearly defined criteria for work experience, and officers are trained to ensure all minimum requirements are met. Submitting insufficient or unconvincing documentation can jeopardize an application.

Language proficiency is another area where many applicants falter. Not only must candidates meet the minimum language test scores, but their results must also be up-to-date and obtained from an IRCC-approved organization. It’s vital to remember that certain tests, like the TOEFL iBT, are valid for study permits but not for permanent residency applications. Language test results accepted for Canadian immigration are generally valid for two years from the test date and must be valid at the time of application submission. Moreover, a fundamental misunderstanding of the specific eligibility criteria for the chosen permanent resident program can lead to errors. Finally, overlooking essential medical or police checks can result in inadmissibility. Even if an applicant meets all other eligibility criteria, a refusal can occur due to criminal, financial, medical, security, or misrepresentation grounds, and this also extends to the inadmissibility of family members. Avoiding these common mistakes by thoroughly understanding and adhering to IRCC’s guidelines is paramount for a successful permanent resident application.

NEW LEARNING OPPORTUNITIES

Travel Safe and Avoid Pitfalls Under the Trump Administration

In recent conversations with HR professionals and clients, there is an underlying concern that something bad may happen despite otherwise maintaining status. While there have been cases where sudden changes in the system caused confusion and uncertainty, the majority of issues we encounter are manageable—especially when guided by accurate, up-to-date information.

Join us as Managing Partner, David Zaritzky Brown, discusses how to safely travel, maintain status, and plan accordingly to avoid any negative outcomes. He’ll also highlight what we’ve learned from recent issues related to F-1 visa cancellations and other new policies, such as the Alien Registration Requirement. This session is a must for anyone who travels to the US as a visitor or in a work-authorized status, and those who manage the process. David will also include suggestions on how to manage case processes to ensure that nothing unusual happens to an individual’s status.

*This webinar is offering SHRM Professional Development Credit.

Once registered, you will receive an email with a link to use to join the video chat on the day of the event. Please note: This link should not be shared with others; it is unique to you. If you ever misplace the invitation link, simply visit the webinar schedule on our website.

If you have colleagues who may benefit from our talks, you are welcome to invite them to join by sharing our webinar schedule where they can subscribe for further information.

Don’t miss these opportunities to increase your knowledge on important immigration issues!