immigration updates: August 19, 2025

Immigration fraud at Trump Burger and other important developments.

everyone gets investigated

As of August 1, 2025, USCIS has made in-person interviews mandatory for nearly all marriage-based adjustment cases. Lawyers are reporting that, in some instances, USCIS officers have begun requesting information related to I-9s from prior employers. Putting aside the relevance and appropriateness of such a request,* what does an employer do when asked for employee records?

It may depend on whether we’re talking about a USCIS site visit or an ICE investigation. USCIS requests are administrative, in which officers verify the accuracy of information that’s been submitted: job duties, wages, validity of the marriage, etc. On certain employment-based cases, and yes,“certain spousal-based immigrant petitions(B)(2).),” USCIS asserts inspection rights at any address listed on a filing.

ICE, on the other hand, can conduct I-9 audits and raids, with employers subject to civil fines, criminal penalties, and orders to terminate unauthorized employment. ICE agents may also enter private areas with a judicial warrant.

Employers are very nearly damned if they do, damned if they don’t. Over-complying by providing more documents than are absolutely required (producing I-9s before the three-day deadline, or granting ICE access to private areas without a judicial warrant) can expand liability and mistrust from employees. Under-compliance (not timely producing I-9s or not permitting a lawful inspection) could easily result in fines, immigration penalties, or obstruction charges. Then there’s the other bad stuff that might come up: possible wage or tax issues coming to light, loss of confidence from investors or staff, or any number of unanticipated harms.

Standard counsel is to institute a clear response plan, a trained point person, and access to your lawyer. Couples, meanwhile, may consider a plan for toothbrush identification.

no visitors, please

The U.S. Department of State has launched a 12-month pilot program requiring applicants for visitor visas to post bonds of $5,000, $10,000, or $15,000: consular officers decide the amount. Nationals from Malawi and Zambia are the first to be subject; more countries may be added with 15 days’ notice. These applicants receive only a single-entry visa valid for 3 months, may enter the U.S. for a maximum of 30 days, and only through limited airports (Boston Logan, JFK, or Washington Dulles). If the visitor leaves the U.S. on time, or never enters at all, the bond is cancelled and refunded. It should not be considered a violation if the visitor timely applies to change or extend status before timely departing.

Even under a functional administration, the Arrival and Departure Information System (ADIS) used to verify departures is notorious for errors, so visitors may need to proactively prove timely document departure through other means: arrival stamps in the country of return, plane ticket stubs, receipts, Uber rides, credit card charges, ATM withdrawals, overweight baggage fee receipts, your pet’s customs quarantine paperwork, a video of the unstable person crashing out on your flight, whatever you have. That’s a lot of money at stake.



Bulletin time



The September 2025 visa bulletin will apply the Dates for Filing chart for family-based cases (which generally filing applications earlier during the waiting period), while for employment-based cases it will apply the stricter Final Action Dates chart (meaning cases can only move forward when a green card is truly available). There isn’t any retrogression for the employment-based cases, but the State Department does anticipate running out of these visas before the fiscal year begins in October.

This Dumb Age

There are now 60,000 people in immigration detention, and the Iowa National Guard is joining the effort.** ICE agents drew guns on a disabled student outside his school. Instead of just trying to win cases, the administration is now suing ALL of the federal judges in Maryland. The Republican administration continues it’s federal takeover of local government. The co-owner of Trump Burger was arrested by ICE for “orchestrating a fake marriage in order to gain permanent residency.”

*Employers, not employees, maintain I-9 information. Further, unlawful employment is not bar to adjusting status based on a petition filed by a U.S. citizen spouse.

**Having lived in the rural upper-midwest, I can attest that these guys do not in fact have anything else to do.

Matthew Blaisdell, Esq.

Sunset Immigration PLLC

219 36th Street, Ste 511

Brooklyn, NY 11232

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