“Students need to understand that their digital footprint could become part of their permanent US immigration record,” says Loren Locke, an immigration attorney at Locke Immigration Law, who previously adjudicated thousands of visa applications as a State Department consular officer. “This means years of posts, comments, and friendships could be scrutinized.”

…

“Visa applicants should expect more intensive scrutiny and potentially lengthy administrative processing,” Locke says. “The routine student visa interview of years past no longer exists under these protocols. The resource-intensive nature of the review consular officers are supposed to do means each visa adjudication could take significantly longer, and the delays could compound as consulates get more backed up.”

Visa adjudication has yet to return to normal capacity, Locke added, meaning there are fewer slots available for visa interviews than before, which has further slowed down the operation. And given that the State Department has just undergone a massive layoff of Foreign Service Officers, there is presently no clear timeline for returning to the previous processing volume.

“Students should book their interview as far in advance as possible,” Locke says, adding that because the screening will also apply to returning student visa applicants, “current international students should carefully evaluate international travel that would require them to apply for a new visa and consider staying put in the US instead.”

With increased scrutiny of digital footprints, Locke also suggests that applicants be proactive in reviewing old social media posts and cleaning up their social media presence, being mindful of how content could be interpreted.

…

Historically, US student visa screening focused on elements like academic credentials and financial proof, not their viewpoints.

“Given the rapid pace of visa interviews and the norm that consular officers make nearly all of their decisions on the spot while the visa applicant is present, it has never before been a normal part of visa adjudication for a consular officer to browse the internet to find out more about a visa applicant during or after a visa interview,” Locke says. Under the previous administration, a consular officer could “ask wide-ranging questions during a visa interview for a student, but it would have been rare in the past to delve into a student's political beliefs or opinions about the United States,” he adds.

Locke added that it previously would have been normal for officers to ask questions such as “why did you choose this institution or this field of study?,” “what are your plans after you graduate?” and “how are you able to pay for this?” While students would come prepared with a considerable amount paperwork, consular officers would focus primarily on the I-20 form issued by the university, which outlines key information about the student's planned course of study. Before adjudicating a visa, the consular officer has always been responsible for checking the visa applicant's DS-160 online application responses and making sure there's no security-related reasons not to issue the visa (such as derogatory information associated with the applicant's name, fingerprint, or photo that has been flagged).

“All of this checking was very structured and did not call for the consular officer to look things up on the internet, nor was there enough time to do so,” Locke says.

…

“I am concerned about the chilling effect this new visa policy will have on legitimate academic discourse and cultural exchange,” Locke says. “This scrutiny could make the US less attractive as a destination for international students, despite our world-class universities. We could be sacrificing our competitive edge in attracting global talent for security theater.”

https://www.cntraveler.com/story/us-student-visa-new-social-media-vetting-rules

In the meantime, Loren Locke, an attorney at Locke Immigration Law, LLC in Atlanta, GA, says enrollment of foreign students at U.S. schools is already down – especially for IT students.

“After the Covid-19 pandemic dented international student numbers, enrollment rebounded in the 2023-24 school year to a new high of more than 1.1 million international students,” Locke explains. “For the most recent year, 2024-25, enrollment dipped by approximately 130,000 students. I expect the numbers to dip much further for 2025-26, because of the new F, M, and J visa policy that went into effect in late June.”

…

“Although 221(g) reversible denials have long existed for sparing use on those handful of cases where the consular officer isn’t able to approve or deny the visa on the spot, shunting a huge volume of cases into Administrative Processing is a radical departure from standard practice,” Locke says. “A 221(g) refusal puts the visa applicant into an open-ended state of limbo with no clear timeline for resolution.”

The number of perspective technology students impacted by the change in policy is very significant, Locke says. More than half of international students in the U.S. are enrolled in STEM degree programs, and computer science and math are especially popular. While graduating with an associate’s, bachelor’s, master’s, or doctoral degree in any subject is sufficient to qualify for a year of OPT work authorization, graduates with degrees in qualifying STEM fields can qualify for two extra years of work authorization. These extra two years are called STEM OPT.

“As long as STEM OPT continues to exist, I think foreign students will continue to have a powerful incentive to choose to study a STEM field like information technology,” Locke says. “But if STEM OPT gets eliminated, there would no longer be an immigration-related advantage to choosing a STEM field. President Trump’s nominee to lead USCIS, Joseph Edlow, told the Senate Judiciary Committee in May that he would like to get rid of both OPT and STEM OPT. Since the OPT program is codified in the Immigration and Nationality Act, abolishing it would undoubtedly trigger legal challenges under the Administrative Procedure Act.”

https://www.spiceworks.com/it-careers/visa-application-changes-impacting-how-foreign-it-students-view-u-s/

'This fee is supposed to be reimbursable after the expiration of the visa, provided the visa holder can document full compliance,' Loren Locke, a Georgia-based immigration lawyer, told DailyMail.com. 

'Many B1/B2 visitor visas are valid for a full decade. That is a long time to compile and save records, and a long time to wait to get your money back.' 

Meanwhile, visa holders can likely expect costs to rise. 

The law sets a minimum fee of $250 for the 2025 fiscal year, but allows the Department of Homeland Security to raise the amount — and requires it to adjust for inflation.

The increasing cost could have a terrible economic impact, according to Locke.

'Additional fees can deter legitimate travelers while doing little to address actual visa violations,' she said. 

'But the new fee does send a clear message to would-be vacationers: the US government sees you as a potential threat, not as a valued guest.'

https://www.dailymail.co.uk/yourmoney/article-14919783/travelers-pay-visa-integrity-fee.html

Loren Locke, an immigration attorney and former Department of State consular officer, has been monitoring the complex intersection of major international sporting events and U.S. immigration policy, particularly the economic and reputational risks these challenges pose for the World Cup.

Locke explained that Russia and Qatar, the hosts of the 2018 and 2022 tournaments, created special visas and admission procedures to help streamline the process for fans from other countries entering.

“The United States has announced no such accommodation,” she told the Washington Examiner. “Instead, international visitors who don’t qualify for ESTA [Electronic System for Travel Authorization] visa waiver travel need to secure visas through our standard process. Unfortunately, the wait time for a B1/B2 visitor visa interview is hundreds of days long at some U.S. Consulates and Embassies. It’s really important that would-be World Cup attendees from abroad make sure they have their travel authorization in place before investing heavily in their travel plans.”

She added that U.S. visa policies, as they currently stand, leave “billions on the table” if fans from key soccer markets such as Mexico, Colombia, and Brazil can’t readily obtain visas to attend.

“Since our visa system has a one to two year backlog at some consulates, our government is essentially telling foreign soccer fans they’re not welcome,” she said.

The federally mandated $195.75 per week stipend for au pairs has remained unchanged since 2009, which means these individuals can provide reliable in-home care at a lower cost than a nanny working a similar schedule.

“This figure is derived from the federal minimum wage of $7.25 per hour, [but] the calculation includes a [40%] deduction for room and board, which is provided by the host family,” explained Loren Locke, founder and managing attorney at Locke Immigration Law.1

Locke added that some states have set laws that mandate au pairs to be paid in accordance with local minimum wage requirements, which may be higher or lower than the federal minimum.

…

Au pair arrangements are legally complex, so both parties should thoroughly understand the program terms to ensure it’s the right fit and to avoid potential legal consequences for noncompliance.

According to Locke, one common misconception amongst host families is that the au pair is a “part of the family,” so rigid rules around work hours and duties don’t apply.

“Asking an au pair to perform heavy housework, manage household errands not related to the children, or work beyond the set hours (even for additional pay) is a violation of the program rules,” Locke emphasized.11

Malloy added that misclassifying an au pair as a domestic worker or violating these hourly caps can result in a civil penalty or court hearing.

On the au pair side, Locke explained that there are two common misconceptions regarding income: that the stipend is tax-free, and that au pairs can take on side jobs like babysitting. Au pairs must file individual U.S. tax returns during their visa period through Form 1040-ES (NR) or a Form W-4 filed with their host family. Additionally, au pairs can only work for their assigned host families, since their visa is tied directly to that family.11

“Working for anyone else … can lead to [the individual’s] termination from the au pair program and even removal from the United States,” said Locke.

…

Beyond financial benefit, au pairs also provide families a unique opportunity to learn from and appreciate other cultures. According to Locke, whose family has participated in the au pair program, their au pairs “[offered] a window to the broader world by introducing our children to the languages, traditions, foods, and music of their home countries.”

"The quota was set ambitiously high, and, if you pair that with a decrease in border crossings, you don't have this pool of people that have only been here for a couple of days or a couple of weeks," said Loren Locke, an immigration attorney who used to work for the U.S. Department of State. "You're trying to hit these big numbers, but if we're only focusing on violent criminals? Well, violent criminals are serving out their sentence. When their sentence is done, then they can be put into detention and then they can leave, but that's not something you can juice the numbers with now."

Instead, Locke believes the high percentage of "non-criminal" arrests show ICE is likely increasing its numbers through racial profiling or by rounding up family members of other arrestees.

https://www.fox13now.com/news/fox-13-investigates/ice-escalates-arrests-of-utahns-not-accused-of-crimes

"Employers like Walmart have no choice but to stop employing workers who lack US work authorization," immigration attorney Loren Locke told Daily Mail. "But it is tricky to comply when they have a large number of current employees whose work permits are getting cancelled prematurely."

https://www.mensjournal.com/news/walmart-workers-vanish-overnight-and-employees-sound-the-alarm

Unsurprisingly, Home Depot clarified that while it has a no-solicitation policy, it is not involved in ICE operations and wasn’t notified of the raids. Still, experts say that the broader immigration issue remains unresolved. Rick Hermanns, CEO of HireQuest, warns that inconsistent enforcement creates economic uncertainty by encouraging under-the-table labor while punishing compliant businesses. Meanwhile, immigration attorney Loren Locke criticized the raids as targeting easy, non-threatening individuals rather than solving deeper problems.

https://www.theglobeandmail.com/investing/markets/stocks/HD/pressreleases/33105886/ice-raids-at-home-depots-hd-shake-the-construction-industry-as-labor-shortage-worsens/

“Employers like Walmart have no choice but to stop employing workers who lack US work authorization,” said immigration attorney Loren Locke. “But it is tricky to comply when they have a large number of current employees whose work permits are getting cancelled prematurely.”

https://www.hrgrapevine.com/us/content/article/2025-07-02-walmart-hit-by-new-immigration-legislation-lawsuit-over-hiring-practices

The legal situation is complex and extremely high-risk for large employers, according to Loren Locke, an immigration attorney in Georgia. 

'Employers like Walmart have no choice but to stop employing workers who lack US work authorization,' she told DailyMail.com. 

'But it is tricky to comply when they have a large number of current employees whose work permits are getting cancelled prematurely.' 

The Department of Homeland Security (DHS) has not directly notified employers about which workers are losing their status.

Instead, a March federal filing by Trump officials said employers carried 'constructive knowledge' if they continued to employ the migrants using the Biden-era program. 

According to Locke, that shifted legal responsibility on employers like Walmart. The companies can be held legally accountable for keeping workers on staff that relied on the visa program.

But corporate I-9 management systems are often not designed to flag sudden early terminations. The Trump administration's decision to cancel the program doesn't allow companies to easily search which CHNV visas are now cancelled.   

Complicating matters further, the Biden-era permit falls under the same immigration employment category as other immigration work programs.

These problems make it nearly impossible for most employers to separate CHNV applicants from staffers on still-in-place visa programs.  

For many retailers, the paperwork issue has created a thorny situation that could put them in trouble with the Trump administration if they keep employees. 

But if they do comply with the Trump administration's orders, asking employees about their visa status could also leave companies susceptible to discrimination lawsuits. 

Locke called the sudden shift an 'immediate compliance crisis for retailers.'

https://www.dailymail.co.uk/yourmoney/article-14799717/walmart-job-cuts-staff-panic-trump-immigration-orders.html

“We’re seeing policy whiplash that’s creating operational chaos,” Loren Locke, a business immigration attorney and former U.S. Department of State consular officer, told Sourcing Journal. “This instability makes it impossible for businesses to plan long-term investments or really changes of any kind.”

…

“Unlike conventional farming operations that rely more on mechanization than manpower, the sustainable methods used in regenerative cotton operations benefit from the farmworkers’ special expertise,” Locke said. “Immigration enforcement actions could drive away experienced farmworkers and could do so at points in the cotton season that are particularly devastating to the outcome. It is just unrealistic to think that farmers could replace their current farmworkers on the fly with willing U.S. workers with adequate skill.”

Better Cotton—the world’s largest cotton sustainability program, which operates in 22 countries including the U.S. and accounts for 22 percent of global cotton production—echoed Locke’s sentiment, but noted that the fallout will likely have a “relatively low impact on the U.S. cotton sector [which is ranked as the fourth-largest producer worldwide, according to Mordor Intelligence] when compared to other commodities like fruit, vegetables and dairy.”

A representative from Better Cotton added that most U.S. cotton farms now rely on foreign nationals who come to the U.S. temporarily to perform seasonal agricultural labor, aka H-2A workers. Through this program, farms are able to meet labor demands while maintaining protections for U.S. workers’ wages and working conditions.

Still, it’s far from a permanent solution. According to the U.S. Department of Agriculture, H-2A workers are not allowed to stay for longer than one year, and the approval process can take up to three months, posing additional logistical challenges.

“Whether they have current U.S. work authorization or not, individuals employed in agriculture—including those on H-2A visas—retain significant legal protections under federal law,” Locke said. “But ICE raids can create a climate of fear that effectively nullifies these protections, as many become too afraid to report violations or assert their rights.”

https://sourcingjournal.com/topics/labor/trumps-ice-raids-still-regenerative-agricultures-growth-1234751732/

Atlanta-based immigration attorney Loren Locke says that the current sweeps of home improvement store parking lots are doing nothing to solve the country’s complicated immigration situation. Locke noted that while day laborers who gather at home improvement store parking lots skew heavily toward immigrants and disproportionately lack U.S. work authorization, there is no reason to think the population is a good source of dangerous criminal immigrants.

“Rather, they seem more like easy pickings for ICE to hit daily arrest quotas,” Locke said.

She points to the complex web of immigration programs that have evolved over the years, creating an unsustainable system.

“We are in such a mess right now because there are millions of workers in the U.S. who are in this gray immigration status,” Locke said. “They were allowed in, and now we are going back to treating them like they are all criminals who need to be deported immediately.”

Locke pointed out that there are children who were bestowed DACA status and are now grandparents.

“This has not been fixed for their entire adult life,” Locke said.

https://www.cnbc.com/2025/06/27/home-depot-parking-lot-labor-market-at-heart-of-ice-immigration-battle.html

“I think the surrounding consulates are willing to absorb extra work, and they’ll do it,” said Loren Locke, another former consular officer. “Is that going to magically give them the capacity to do it as fast as everybody would like? No, because they still have their own backlogs. They still have their own urgent cases.”

Article available here.

Some visa applicants may be able to get an expedited appointment, but those circumstances are limited. A foreign-born doctor helping COVID-19 patients may be granted an expedited appointment to return to the U.S. after traveling abroad, but a foreign citizen who works at a U.S. tech company and could work remotely would likely be denied, lawyers said.

“It doesn’t matter how critical your reason was to leave. It’s how important it is that you go back that a consular officer actually looks at,” said Loren Locke, a former consular officer. “‘I wanted to go home, and now I want to go back to my job.’ That’s not an emergency.”

Article available here.

A federal judge in California ruled in favor of the Dvash-Banks family in 2019, finding the citizenship statute “does not require a person born during their parents’ marriage to demonstrate a biological relationship with both of their married parents.”

The other couple’s case remains pending in federal court in New Jersey, where they now reside, according to Morris, one of their lawyers.

Loren Locke, an immigration lawyer and former State Department consular officer, said the change from the department’s long-standing interpretation is “a pretty exciting development, and an overdue one.”

“It really blows it open. There will be a lot more families,” she said.

Article available here.

But former officials acknowledged that withdrawing a proclamation billed as a way to help U.S. workers, at a time when many Americans are out of work, could be tricky politically.

“The reason the Muslim ban got attention first is it’s just a more visible issue,” said Loren Locke, an immigration attorney and a former State Department consular officer. “These other proclamations were less controversial, even though they were hugely — and continue to be hugely — impactful.”

Article available here.

White House Press Secretary Jen Psaki said Thursday the president is expected to take additional immigration-related policy actions next week. She nor another White House spokesperson offered further details.

But former officials acknowledged that withdrawing a proclamation billed as a way to help U.S. workers, at a time when many Americans are out of work, could be tricky politically.

“The reason the Muslim ban got attention first is it’s just a more visible issue,” said Loren Locke, an immigration attorney and a former State Department consular officer. “These other proclamations were less controversial, even though they were hugely — and continue to be hugely — impactful.”

Ending a proclamation aimed at suspending foreign citizens “who present risk to the U.S. labor market,” as the proclamations are titled, could even prove divisive among the pro-labor factions of the Democratic party.

Article available here.

"Filing October 1st versus October 2nd makes a huge difference, but there's not time between September 24th and September 30 to prepare the [public charge questionnaire]," said Loren Locke, an immigration lawyer at Ford Harrison and former consular officer.

Article available here.

"I really think that USCIS has become so burdened with the complexity of its own processes that it's really in a bind now to adjudicate anything in a timely manner," said Loren Locke of Ford Harrison, a former consular officer. "This is adding complexity, so I would think it's going to add time."

Such visa delays caused by additional requirements — which USCIS predicted would impact more than 2.1 million people — can bring steep consequences for foreign workers, who could find themselves unable to renew driver's licenses or enroll their children in school without necessary visa approvals, she explained.

"It's really disruptive in the United States to be a person who relies on driving a car, and then lose your driver's license," she said. "It makes it really hard for these families to function."

…

But Locke, the former consular officer, questioned the value of additional biometrics collection when USCIS already takes fingerprints from visa applicants.

"I find it incredibly invasive," she said. "I do not understand why the methods they already have are not enough. I don't think it's common at all for fingerprints to be ambiguous."

Article available here.

Loren Locke, an immigration attorney at FordHarrison LLP and former consular officer, told Law360 that the new exemptions will likely still keep entry-level hires blocked from entering the U.S. on new visas, but will allow more essential and experienced employees to take jobs in the U.S.

"It feels like a real unraveling of the proclamation," she said. "I think this looks like the government bending to pressure from the private sector."

Article available here.