Key Government Takeaways from the 2025 AILA Conference

Each year, the AILA National Conference provides an invaluable opportunity to hear directly from government officials on immigration policies, operational updates, and agency priorities. Among the most anticipated sessions are the Government Open Forums — though this year, they looked a little different.

Unlike previous years, where agencies had dedicated booths and multiple current officials in attendance, most 2025 forums were staffed by AILA liaisons and former agency employees. The exception was the U.S. Customs and Border Protection (CBP) and U.S. Department of Labor(DOL) Open Forums, which included current representatives and offered some noteworthy insights. Below are the key takeaways from those two sessions.

CBP Open Forum: Key Updates from Director Graham Dudley

The CBP Open Forum was one of the few forums to include a current agency official: Graham Dudley, Director of the Enforcement Programs Division (Admissibility and Passenger Programs). His remarks addressed several evolving CBP practices and clarified policies under the current administration.

1. End of Pre-Clearance Questionnaires and Checklists

Director Dudley opened the session with a “present” to attendees: CBP will no longer use random pre-clearance questionnaires or checklists during inspection. This move is intended to promote consistency in how officers process travelers at the border.

2. Administrative Shifts and Enforcement Priorities

When asked about shifts in CBP tone or directives under the current administration, Dudley acknowledged that immigration priorities inevitably change. As expected, the current administration is placing a heavier emphasis on enforcement, a pattern familiar during election transitions.

3. First Amendment Protections and Privacy

CBP officers receive First Amendment training. Director Dudley emphasized that peaceful protest participation alone is not grounds for denial of admission to the United States. However, behavior that escalates beyond peaceful protest — e.g., “throwing gas at officers” — could trigger enforcement actions.

4. Electronic Device Searches

CBP continues to conduct various levels of electronic device searches upon application for admission to the United States, each requiring different levels of supervisory approval. These searches are discretionary but must follow internal protocols. Searches do not extend to data stored in the cloud.

5. Social Media Scrutiny for F-1 Students

     Increased scrutiny of F-1 student social media activity was another hot topic. Dudley confirmed that publicly available social media content may be reviewed and can be used as a factor in denying entry. This is not a new policy, but its application appears to be more frequent.

6. Legal Permanent Resident (LPR) Re-Entry Issues After Extended Travel

CBP confirmed that legal permanent residents (LPRs) will likely face scrutiny after extended travel abroad. LPRs who have spent significant time outside the U.S. may be referred to secondary inspection to explain their travel history and continued ties to the U.S.

DOL Open Forum: Updates from the Office of Foreign Labor Certification (OFLC)

The Department of Labor Open Forum also included a current representative, Lindsey Baldwin, Director at the National Prevailing Wage Center, who shared several updates relevant to PERM practitioners.

1. Prevailing Wage Data Changes – Effective 7/1/2025

• Prevailing wage data is updated on July 1, 2025. As usual, to be able to use (2024–2025) wage levels, the Form ETA-9141 must be submitted before that date
• Massachusetts will move from city-specific wages (e.g., Boston) to county-based data.
• Due to limited wage data in Colorado, national wage levels will be used there.

2. OFLC Operations Going Remote

• OFLC is almost entirely remote. The Atlanta National Processing Center (ANPC) is closed, and the Chicago National Processing Center (CNPC) will close soon. All mail previously sent to the CPNC should be sent to the OFLC Headquarters in Washington, D.C.
• After the CNPC closes, all requests to withdraw a Labor Condition Application (ETA Form – 9035) will be sent to the OFLC Headquarters in Washington, D.C., unless withdrawn online via FLAG.

• Expect FLAG help desk emails from multiple locations.
• LCA withdrawals should not be mailed whenever possible; submit them through the FLAG system only to avoid delays or confusion.

3. Changes to SVP Levels and Job Zones

• At least 12 occupations will see changes to SVP levels and job zones, including Material Scientists, Food Preparation Workers, and Substance and Mental Health Counselors.

4. Travel Requirements and Points in Wage Level Calculations

• One point is added to the prevailing wage requirement analysis, if travel is required for a role that does not typically mandate it.
• No points are added for roles like pilots where travel is inherently part of the job.
• Determinations are based on the BLS Occupational Outlook Handbook (OOH) regarding travel versus the O*Net since the National Prevailing Wage Center (NPWC) analysts consider it more reliable for such assessments.

5. Telecommuting and Prevailing Wage

• Remote work/telecommuting should not be included in the ETA-9141, however if included for consistency with the ETA-9089, use box F.e.5.4 (special requirements).
• Do not submit any personal information or documents for the foreign national, the 9141 is position-specific and should not include any information relating to the foreign national.

6. No Edits to ETA-9141 Post-Submission

• Once submitted, ETA-9141 cannot be changed — even in response to an RFI — except in rare cases (e.g., attorney or contact info updates). Job duties and work location cannot be changed.

7. ETA-9089 Audits Temporarily Paused

• OFLC will not issue audits on Form ETA-9089 until all legacy cases from the old FLC system are resolved.
• Currently, discrepancies are being handled through Requests for Information (RFIs) instead of audits — a welcome development for many practitioners.
• In 2025, the most common RFIs have been for information regarding the business existence of employing companies and the business necessity for PERM labor certification experience requirements.

8. Alternate Wage Surveys  - Increased Rejections and RFIs

• NPWC analysts consider an area of intended employment(AIE) to be the Metropolitan Statistical Area (MSA) if the worksite is in an MSA. Alternative wage surveys have been subject to rejection or increased RFIs because of the geographical area of the survey. Employers are required to prove that a worksite beyond the MSA is within the normal commute distance, and the alternative wage survey did not exclude other locations within the normal commute area.

As we move into the second half of 2025, staying engaged and informed on key updates like prevailing wage changes, CBP practices, and adjudication priorities is essential for effective advocacy and strategic planning.