On March 14, 2025, the State Department announced that regulations governing visa policies and immigration fall under “foreign affairs” and are exempt from the Administrative Procedure Act, meaning the department could publish new rules without going through the notice and comment process.
- Most regulations are subject to a public notice and comment period where parties can comment on the draft regulation.
- Federal agencies are required to consider the comments and respond to them in the final regulation.
Erickson Insights & Analysis
This action will likely allow the department to publish final rules more quickly as they will not have to wait the required 30-60 day comment period before publishing the final rule. The State Department policy is expected to face legal challenges in federal court if used to subvert the APA rulemaking process.
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.