USCIS Begins Accepting Gold Card Applications

What’s Happening

In a September 19, 2025 Executive Order, the Trump Administration announced the creation of a “Gold Card” which offers permanent residency in the United States to foreign nationals who make qualifying financial contributions. The Gold Card program is being administered through a new government portal, TrumpCard.gov. On Wednesday, December 10, 2025, the portal was updated to indicate that the program is now live and USCIS is accepting and processing Gold Card applications.

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CBP Plans Updates to ESTA Application Process to Include Social Media Vetting

What’s Happening

Customs and Border Protection (CBP) is preparing to expand the information that Visa Waiver Program (VWP) travelers must provide when completing the ESTA application. According to a proposed notice that will appear in the Federal Register tomorrow, December 10, 2025, applicants would need to supply social media identifiers covering the past five years along with additional personal and family history that may extend back five to ten years. CBP also plans to transition ESTA filing to an updated mobile application, and a separate photograph may be required as part of the process.

Once published tomorrow, members of the public will have 60 days to submit comments. No changes take effect until the rule is finalized.

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Reports of Some Consular Posts Rescheduling H-1B & H-4 Visa Interviews

What’s Happening

This week practitioners and news outlets are reporting increased instances of applicants for H-1B and H-4 visa stamps receiving notices that their December 2025 consular interviews are being cancelled and rescheduled to dates as late as March 2026. 

The shift is tied to a new requirement that all H-1B and H-4 visa applicants undergo an online presence review, which takes effect on December 15th and includes examination of social media and other publicly accessible digital information. Because consular staff must now spend additional time on these reviews, several consulates have begun reducing the number of interviews they can accommodate each day.

Although the visa interviews themselves are being pushed into next year, practitioners report that biometric appointments at Visa Application Centers are still being held. Many applicants are completing fingerprinting and photos as scheduled, only to learn afterward that their interview will be postponed.

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USCIS Reducing Maximum Validity of Many EADs from 5 Years to 18 Months

What’s Happening

On December 4, 2025, USCIS announced that the agency was updating its Policy Manual to reduce the maximum validity period for many Employment Authorization Document (EAD) categories from up to five years to just 18 months.

An EAD is a work permit issued by USCIS that allows a noncitizen to legally work in the United States for a specific period of time. It serves as proof to employers that the individual has permission to work pursuant to their current status or while their application for an immigration benefit is pending.

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Department of State Expands Social Media Vetting to H-1B and H-4 Visa Applicants

On December 3, 2025, the Department of State announced via its website that, effective December 15, 2025, the enhanced social media vetting currently in place for F, M, and J visa applicants would be expanded to H-1B and dependent H-4 visa applicants.

Like F, M, and J visa applicants, H-1B and H-4 visa applicants will now be required adjust the privacy settings on all of their social media profiles to “public” while their visa applications are processing with the Department of State.

Prior to or following the consular interview, applicants should expect to receive instructions via email to set their social media profiles to public for the required social media vetting to take place. The process typically takes several days to complete prior to visa issuance and we expect the same process will now apply to H-1B and H-4 visa applicants.

The DOS is framing these procedures as national security measures, and has directed embassies and consulates to screen for applicants who pose a threat to U.S. national security or public safety based on publicly available information, including their social media presence.

If the consular officer finds derogatory information, they can refuse the application, call the applicant back for a follow-up interview, or conduct additional review.

Applicants are encouraged to check the website of the U.S. embassy or consulate where they intend to apply for up-to-date appointment availability and any country-specific requirements and to ensure that they are regularly checking the email for additional informational requests both before and after their consular interview. 

Visa applicants should budget additional time (typically 1 additional week) when applying for F, M, J, H-1B and H-4 visa stamps to allow sufficient time for consular posts to complete the necessary social media vetting before issuing visa stamps.

The brief announcement contains limited additional information and leaves open questions such as how it will treat minor H-4 dependents who may have limited or no social media presence.

D&S is continuing to monitor this developing situation and will provide updates as they become available.

Federal Government Issues Sweeping Immigration Restrictions Following D.C. National Guard Shootings

What’s Happening

In the week following the November 26, 2025, shooting of two National Guard members in Washington, D.C. the federal government has announced a series of significant and fast-moving immigration policy actions reflecting a shift toward stricter national-security-based assessments. These measures span consular visa issuance, domestic USCIS adjudications, asylum processing, green card reviews, and discretionary determinations for certain immigration benefits requests. 

What You Need to Know

Below is a summary of the various statements, guidance, directives, and policy memoranda issued in response to the November 26th shooting. Additional directives are expected in the coming days and weeks.

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DHS Proposes Rescission of Public Charge Regulation, Replacing it With an Expanded Policy

What’s Happening

The Department of Homeland Security (DHS) has issued a proposed regulation that would rescind the 2022 Biden Administration Public Charge Rule governing adjustment of status applications for green cards. In its place, DHS intends to rely on policy guidance - rather than a new regulation - to implement a substantially broader public charge framework. If finalized, the rescission would pave the way for a more expansive interpretation of the statutory public charge ground of inadmissibility, lowering the threshold for findings of likely public charge and significantly widening the range of benefits and circumstances considered during adjudications. The rule is currently open for a 30-day public comment period, until December 19, 2025.

“Public charge” is a U.S. immigration term used to describe someone who is likely to depend mainly on government assistance for income or long-term care and serves as a ground of inadmissibility that immigration officials may rely upon when deciding to approve or deny certain immigration benefits. 

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Department of State December 2025 Visa Bulletin Summary

The Department of State has released the December 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In December 2025, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing of Employment-Based Preference chart. 

To be eligible to file an adjustment of status application in December 2025, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Date for Filing for India remains at April 15, 2023, and the Date for Filing for China remains at May 15, 2023. All other countries will remain current.

The EB-2 Date for Filing for India is December 1, 2013 and the Date for Filing for China is December 1, 2021. The Date for Filing for nationals of  all other countries is July 15, 2024. 

The EB-3 Professional/Skilled Worker Date for Filing for India will remain at August 15, 2014, and the Date for Filing for China will remain at January 1, 2022. The Date for Filing for nationals of  all other countries will remain at July 1, 2023.  

The EB-4 category Date for Filing for nationals of all countries will remain at February 15, 2021. Additionally, the Certain Religious EB-4 category has become available with a priority date of February 15, 2021. 

With respect to the Final Action Date for the EB-5 Unreserved categories, India remains at April 1, 2022, and China remains at July 1, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

Media Reports Indicate Broader Health-Based Public Charge Review in Visa Adjudications

What’s Happening

Recent media reporting indicates that the U.S. Department of State (DOS) has issued internal guidance instructing consular officers to place greater emphasis on an applicant’s health when evaluating potential “public charge” concerns, which may deem them ineligible for a visa. A wider range of chronic, non-communicable, and long-term medical conditions may now factor into visa decisions, particularly in the immigrant visa process.

“Public charge” is a U.S. immigration term used to describe someone who is likely to depend mainly on government assistance for income or long-term care and serves as a ground of inadmissibility that immigration officials may rely upon when deciding to approve or deny certain immigration benefits.

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DHS Ends Automatic EAD Extensions: What Employers and Foreign Nationals Need to Know

What’s Happening

On October 29, 2025, USCIS announced that it would be publishing an Interim Final Rule (IFR) ending the automatic extension of Employment Authorization Documents (EADs) for certain renewal applicants. This change significantly alters how long employees can continue working while awaiting their new EAD cards and increases the risk of lapses in employment authorization due to protracted USCIS processing times.

The IFR is set to be published in the Federal Register on October 30, 2025, with immediate effect.

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USCIS Updates Website to Include Additional Clarifications Regarding new $100,000 H-1B Fee

What’s Happening

On October 20, 2025, the United States Citizenship and Immigration Service (USCIS) updated the H-1B Specialty Occupation page of its website with additional information about the new $100,000 H-1B fee, including additional clarification on its scope, how the fee can be paid, and how National Interest Exceptions can be requested.

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Department of State November 2025 Visa Bulletin Summary

The Department of State has released the November 2025 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In November 2025, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing for Employment-Based Preference chart. 

To be eligible to file an adjustment of status application in November 2025, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Date for Filing for India remains at April 15, 2023, and the Date for Filing for China remains at May 15, 2023. All other countries will remain current.

The EB-2 Date for Filing for India is December 1, 2013 and the Date for Filing for China is December 1, 2021. The Date for Filing for nationals of  all other countries is July 15, 2024. 

The EB-3 Professional/Skilled Worker Date for Filing for India will remain at August 15, 2014, and the Date for Filing for China will remain at January 1, 2022. The Date for Filing for the Philippines, Mexico, and all other countries will remain at July 1, 2023.  

The EB-4 category Date for Filing for nationals of all countries will remain at February 15, 2021. The Certain Religious EB-4 category is currently unavailable.

With respect to the Final Action Date for the EB-5 Unreserved categories, India remains at April 1, 2022, and China remains at July 1, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.


Impact of Potential Government Shutdown on U.S. Immigration Services

Following the passage of a continuing resolution back in March, Congress now has until midnight tonight (September 30, 2025) to pass a full-year spending bill or another continuing resolution to keep the Federal government funded and prevent a shutdown. If Congress is not able to come to an agreement this would result in a government shutdown that would impact several government agencies responsible for administering parts of various immigration and visa programs. While the situation continues to develop, a shutdown is looking increasingly likely. To help prepare, D&S outlines below the impact of a government shutdown on the various Federal immigration functions should Congress fail to take action prior to tonight’s deadline:

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DOL Launches "Project Firewall" to Intensify H-1B Program Enforcement

What’s Happening

In September 19, 2025, press release the Department of Labor (“DOL”) unveiled Project Firewall, an initiative aimed at strengthening enforcement of the H-1B visa program. According to the DOL, this effort will prioritize robust oversight of employer obligations under the H-1B framework, particularly those related to wages and working conditions as required by the Labor Condition Application (“LCA”) that must be filed with each H-1B petition where employers attest that they will offer the same wages, benefits, and working conditions to the H-1B employee as they offer to similarly situated U.S. workers.

While the DOL has long had the authority to investigate employer compliance, Project Firewall represents a renewed and more aggressive enforcement posture. The initiative is designed to improve worker protections and deter abuse of the H-1B system. 

Under Project Firewall, employers should expect increased audits and investigations related to H-1B wage practices and Labor Condition Application (LCA) compliance. Therefore, H-1B employers should undertake proactive compliance review of H-1B wage practices and documentation thereof, including Public Access Files, to mitigate risk, including potential fines, back wage liability, or even disqualification from the H-1B program.

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Trump Administration Launches "Gold Card" Immigration Program for High-Net-Worth Individuals and Corporations and Announces Plans for a “Platinum Card”

What’s Happening

As part of a flurry of executive actions taken late in the day on Friday, September 19, 2025, the Trump administration issued an Executive Proclamation announcing a new immigration initiative known as the “Gold Card” program, which offers permanent residency in the United States to foreign nationals who make qualifying financial contributions. The program is being administered through a new government portal at TrumpCard.gov.

In addition, the Administration separately unveiled a new “Platinum Card” program which was not included in the Executive Proclamation but included as an option on TrumpCard.gov. 

These wealth-based programs require that applicants pay gifts to the U.S. government in the following amounts as one of the main eligibility criteria:

  • Individual Gold Card ($1 million gift for expedited processing of permanent residence application)

  • Corporate Gold Card ($2 million gift for expedited processing of permanent residence application)

  • Platinum Card ($5 million gift for ability to spend up to 270 days in the U.S. annually without being subject to U.S. taxes on non-U.S. income)

The Gold Card is said to be in the “implementation phase” and the administration acknowledges that the Platinum Card will require Congressional action before it can be implemented. As of now, the website is currently offering individuals the ability to sign up to be on a waitlist for the Gold and Platinum Cards, which it indicated will be given out on a first-come, first served basis.

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DHS Issues Advanced Copy of New Weighted H-1B Lottery Selection Process

What’s Happening

The Department of Homeland Security (DHS) has provided an advanced copy of a notice of proposed rulemaking (“NPRM”) to amend the H-1B visa selection process, implementing a weighted selection system which aims to favor higher-skilled (and higher-paid) applicants. 

The proposed rule is expected to be formally published in the Federal Register on September 24, 2025, followed by a 30 day period of public comment. It is expected that it will take several months following the end of the notice and comment period for DHS to review public input and publish the final rule along with its effective date (expected to be 30 to 60 days from the date of publication). In addition, updates would need to be made to the current online H-1B registration portal to reflect the new data that must be gathered as well as the weighted registrations. As such, it is not yet known whether the new system could be in place for the upcoming H-1B cap season (Fiscal Year (FY) 2027).

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Updates on The H-1B Executive Action: What We Do and Do Not Know at This Time + FAQs

10/20/2025 - USCIS Issued clarifying guidance regarding numerous aspects of the H-1B Fee and the most up-to-date information can be found here.

What’s Happening

On Friday, September 19th, the Trump Administration signed a Proclamation, Restriction On Entry Of Certain Nonimmigrant Workers (“H-1B Proclamation”), instituting a new “Travel Ban” on H-1B visa holders where their petitioning employer has not paid a new $100,000 fee for certain H-1B petitions filed after September 21, 2025. The initial wording of the H-1B Proclamation was extremely vague and imprecise and suggested that the new fee would apply to all H-1B visa holders outside the U.S. on the effective date, which caused extreme chaos and panic, with many H-1B workers rushing to get back to the U.S. before the Saturday evening deadline.

Following this initial chaos, separate clarifying guidance was issued by the White House, Customs and Border Protection (“CBP”), U.S. Citizenship and Immigration Services (“USCIS”), and the Department of State (“DoS”). Despite these additional clarifications, there continues to be conflicting information due to confusing wording across these individual resources which makes it difficult to ascertain the full scope of the new rule. Below we include:

  1. An analysis of what information is confirmed at this time and what remains unclear

  2. Responses to Frequently Asked Questions

  3. Some practical guidance for H-1B employers and what to expect next

  4. An overview of the official government guidance provided regarding the H-1B Proclamation to-date

Note that the best way to receive up-to-date information is to subscribe to receive our Client Alerts.

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H-1B TRAVEL ADVISORY UPDATE: USCIS Confirms H-1B Travel Restriction Is Prospective and Does Not Apply to Current H-1B Beneficiaries

UPDATE: USCIS ISSUES CLARIFYING GUIDANCE THAT H-1B TRAVEL RESTRICTION WILL ONLY APPLY PROSPECTIVELY AND WILL NOT IMPACT CURRENT H-1B VISA HOLDERS

Late in the day on September 20, 2025, USCIS Director, Joseph B. Edlow, issued a Policy Memorandum clarifying that the Trump Administration’s Executive Action (EA) titled Restriction On Entry Of Certain Nonimmigrant Workers (“H-1B Proclamation”) applies prospectively.

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