DOS is Pausing Immigrant Visa Processing for 75 Countries

What’s Happening

On January 14, 2026, The Department of State (DOS) announced on its official X account a suspension of immigrant visa processing for nationals of 75 countries deemed likely to require public assistance while living in the United States. According to DOS’s post, the suspension is indefinite and “will remain active until the U.S. can ensure that new immigrants will not extract wealth from the American people”. Fox News, Forbes, and other new outlets are reporting that an internal DOS cable instructs consular officers to stop processing immigrant visa applications for individuals from the affected countries beginning on January 21, 2026, though this date has not been confirmed and the processing suspension could go into effect at any time absent further information from the State Department.

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Department of State February 2026 Visa Bulletin Summary

The Department of State has released the February 2026 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In February 2026, 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 February 2026, 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 and China will remain at August 1, 2023. All other countries will remain current. 

The EB-2 Date for Filing for India remains December 1, 2023 and the Date for Filing for China remains January 1, 2022. The Date for Filing for nationals of all other countries will advance to October 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 advance to October 1, 2023. 

The EB-4 category Date for Filing for nationals of all countries will remain at March 15, 2021. Additionally, the Certain Religious EB-4 category will become unavailable. 

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at May 1, 2024, and China will remain at August 22, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

USCIS Premium Processing Fees To Increase Effective March 1, 2026

What’s Happening

On January 9, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) has issued a final rule increasing premium processing fees for certain employment-based immigration filings beginning March 1, 2026. The fee increase is authorized under the USCIS Stabilization Act, which permits DHS to adjust premium processing fees every two years to account for inflation. The last time DHS increased the fees was in February 2024.

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USCIS Issues New Policy Expanding Adjudicative Holds and Mandatory Re-Review for Applicants from Travel Ban Countries

What’s Happening

On January 1, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new Policy Memorandum (PM) expanding its prior adjudication hold and re-review framework for immigration benefit applications for individuals from countries listed in President Trump’s December 2025 expanded travel ban proclamation. The new PM is effective immediately and directs USCIS officers to place holds on final adjudication of all pending benefit requests and to conduct re-reviews of immigration benefits that were approved on or after January 20, 2021, for individuals from the expanded travel ban countries.  

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DHS Finalizes Wage-Level Weighted H-1B Cap Selection Process

What’s Happening

The Department of Homeland Security (DHS) has issued a final rule replacing the random, computerized H-1B visa lottery with a weighted selection process favoring higher wage applicants. This rule is unchanged from the proposed rule published in September this year. The final rule was published in advance in the Federal Register on December 23, 2025, and is scheduled for full publication on December 29, 2025. It is set to become effective 60 days after publication, on February 27, 2026, in time for the Fiscal Year 2027 H-1B cap season set to begin in March 2026, although litigation challenging the rule in federal court is possible. 

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Department of State January 2026 Visa Bulletin Summary

The Department of State has released the January 2026 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In January 2026, 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 January 2026, 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 advanced to August 1, 2023, and the Date for Filing for China is August 1, 2023. All other countries will remain current.

The EB-2 Date for Filing for India remains December 1, 2013 and the Date for Filing for China is January 1, 2022. The Date for Filing for nationals of all other countries is October 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 advance one month to March 15, 2021. Additionally, the Certain Religious EB-4 category has become available with a priority date of March 15, 2021. 

With respect to the Final Action Date for the EB-5 Unreserved categories, India will advance to May 1, 2024, and China will advance to August 22, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

UPDATE: White House Expands Travel Restrictions to 20 Additional Countries

What’s Happening

On Tuesday, December 16, 2025, President Trump signed a new proclamation further restricting and limiting the entry of foreign nationals of 20 additional countries and the Palestinian Authority, effective January 1, 2026. These measures build on the June 2025 travel ban proclamation, which imposed full entry restrictions on 12 countries and partial restrictions on an additional 7 countries.

Under the new proclamation, the United States continues full restrictions and entry limitations on nationals of the original 12 countries: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.

The proclamation adds full entry restrictions and entry limitations on 5 additional countries: Burkina Faso, Mali, Niger, South Sudan, and Syria. It further applies full restrictions and entry limitations to individuals holding Palestinian-Authority-issued travel documents.

Two countries that were previously subject to partial restrictions, Laos and Sierra Leone, have been elevated to the full restrictions list.

The expansion also imposes partial restrictions and entry limitations on 15 additional countries: Angola, Antigua and Barbuda, Benin, Cote d’Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe.

The proclamation continues the partial restrictions on 4 countries: Burundi, Cuba, Togo, and Venezuela, while lifting partial entry restrictions on Turkmenistan’s nonimmigrant visas, although immigrant entry remains suspended.

Exceptions are preserved for lawful permanent residents, existing valid visa holders, certain diplomatic and official categories, athletes, and persons whose entry serves U.S. national interests, but family-based carve-outs have been narrowed.   


D&S is continuing to monitor this developing situation and will provide updates as they become available. Individuals impacted by the travel ban or travel restrictions are encouraged to reach out to their D&S attorney.

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.