Headlines
OFLC Reminds Stakeholders of H-2B Filing Timeline for 2026 Peak Filing Season – The Department of Labor’s Office of Foreign Labor Certification reminded employers and other interested stakeholders that the filing window to submit an H-2B application requesting work start dates of April 1, 2026, or later, opened on January 1, 2026.
DOS Issues Updated Diversity Visa Guidance – The Department of State (DOS) released updated guidance on diversity visa issuance. The guidance notes that effective immediately, DOS has paused all visa issuances to diversity immigrant visa applicants. Applicants may still submit applications and attend interviews.
District Court Rules Against Plaintiffs in $100,000 H-1B Fee Lawsuit – In Chamber of Commerce v. Department of Homeland Security, a federal district court ruled in favor of the Department of Homeland Security, finding that imposition of a $100,000 fee for new H-1B applications and related actions were legal under a Presidential Proclamation.
DHS Finalizes H-1B ‘Weighted Selection’ Rule Without Changes – Under the new process, instead of a random lottery, registrations for unique beneficiaries or petitions will be assigned to the relevant Occupational Employment and Wage Statistics wage level and entered into the selection pool on a weighted basis according to those levels.
Multiple States Support Plaintiffs in Amicus Brief Against New $100,000 H-1B Fee – The brief asks the judge to temporarily block a new Trump administration policy to charge new H-1B nonimmigrant visa applicants a $100,000 fee. Among other things, the states and other plaintiffs argue that the fee would exclude nonprofits and schools that are unable to afford hiring qualified H-1B workers.
Trump Administration Plans to Build Seven Large Deportation Facilities Across United States – The Trump administration plans to seek contractors to build seven large detention centers, including converted warehouses, to hold 5,000 to 10,000 detainees each, for a total of more than 80,000 detainees across the United States. Sixteen smaller processing facilities will hold up to 1,500 people each.
European Leaders Denounce U.S. Travel Sanctions Attributed to ‘Censorship’ – European leaders were quick to denounce the Trump administration’s imposition of visa bans on five officials and activists who Secretary of State Marco Rubio said “have led organized efforts to coerce American platforms to censor, demonetize, and suppress American viewpoints they oppose.”
President Expands Full and Partial Travel Ban List – President Trump issued a Presidential Proclamation expanding travel restrictions. The new proclamation applies to individuals who are outside of the United States as of January 1, 2026, and do not have a valid visa.
President Suspends Diversity Visa Program After Shootings –President Trump suspended the Diversity Immigrant Visa Program (green card lottery) following shootings at Brown University and of a Massachusetts Institute of Technology professor by a Portuguese national who immigrated to the United States in 2017 under that program.
USCIS Clarifies Requirements for Professional Athletes as World Cup and Olympics Events Loom – As the United States prepares for upcoming World Cup and Olympics events in 2025, U.S. Citizenship and Immigration Services announced new policy guidance to address the Department of Labor’s adoption of the Foreign Labor Application Gateway system and its effect on certain immigrant visa petitions filed on behalf of professional athletes.
Holiday Travel Alert: Visa Appointments Disrupted; Revocation Trends – Recent developments affecting H-1B and H-4 travelers and visa holders, and others, this winter include visa appointment disruptions tied to expanded screening and an increase in visa revocation notices reportedly linked to prior arrest history.
USCIS Limits Age and Type of Photos for Many Applications – U.S. Citizenship and Immigration Services announced new guidance, effective immediately, limiting the age of foreign nationals’ photos that can be used to create immigration documents to a maximum of three years, with many exceptions. Certain forms will require a new photo, along with new biometrics, regardless of when an applicant’s or petitioner’s last photograph was taken.
DOS Updates Instructions for Nonimmigrant and Immigrant Visa Applicants Scheduling Interviews – The Department of State announced that it has updated its instructions for all nonimmigrant and immigrant visa applicants scheduling visa interview appointments.
DHS Announces Termination of TPS Designation for Ethiopia – The Department of Homeland Security is terminating the Temporary Protected Status designation for Ethiopia.
USCIS Posts New Form for ‘Gold Card’ Immigrant Petition; ‘Platinum Card’ Coming Soon – U.S. Citizenship and Immigration Services has posted a new form for the “Trump Gold Card” immigrant visa program. The program requires a minimum “contribution” of $1 million along with a hefty fee. The Trump administration also announced a “Trump Platinum Card,” coming soon, for which foreign nationals can join a waiting list.
DHS Terminates Family Reunification Parole Programs – The Department of Homeland Security (DHS) is terminating all categorical family reunification parole programs for people from Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, and their immediate family members. DHS said it “is returning parole to a case-by-case basis.”
The News in Detail
OFLC Reminds Stakeholders of H-2B Filing Timeline for 2026 Peak Filing Season
On December 29, 2025, the Department of Labor’s Office of Foreign Labor Certification (OFLC) reminded employers and other interested stakeholders that the filing window to submit an H-2B Application for Temporary Employment Certification (Form ETA-9142B and appendices) requesting work start dates of April 1, 2026, or later, opened on January 1, 2026. H-2B applications requesting an April 1, 2026, work start date will be denied if they were filed before that date.
OFLC will randomly order for processing all H-2B applications requesting a work start date of April 1, 2026, that were filed during the initial three calendar days (January 1-3, 2026) using the randomization procedures published in the Federal Register on March 4, 2019.
If OFLC identifies multiple applications that appear to have been filed for the same job opportunity, OFLC will issue a Notice of Deficiency. If multiple filings were submitted during the three-day filing window, all applications will receive a Notice of Deficiency requesting that the employer demonstrate that the job opportunities are not the same. Employers that fail to establish a bona fide need for each application will receive a non-acceptance denial for each application.
DOS Issues Updated Diversity Visa Guidance
On December 23, 2025, the Department of State (DOS) released updated guidance on diversity visa (DV) issuance. The guidance notes that effective immediately, DOS has paused all visa issuances to diversity immigrant visa applicants.
DV applicants may submit visa applications and attend interviews, and DOS will continue to schedule applicants for appointments, but no DVs will be issued. Existing DV appointments generally will not be rescheduled or canceled, DOS said. No diversity or other visas have been revoked as part of this guidance.
District Court Rules Against Plaintiffs in $100,000 H-1B Fee Lawsuit
In Chamber of Commerce v. Department of Homeland Security, a district court has ruled in favor of the Department of Homeland Security (DHS), finding that imposition of a $100,000 fee for new H-1B applications and related actions were legal under a Presidential Proclamation. “Defendants have the stronger position,” U.S. District Judge Beryl Howell said. “The lawfulness of the Proclamation and its implementation rests on a straightforward reading of congressional statutes giving the President broad authority to regulate entry into the United States for immigrants and nonimmigrants alike.”
Judge Howell noted, “To be clear, this decision in favor of defendants is not to dismiss or discount the past and ongoing contributions of H-1B workers to the American economy that plaintiffs highlight. Important as those contributions may be, the effects of the H-1B program on the American economy or national security, whether positive or negative, are simply not at issue in this case. The Supreme Court has long maintained that matters of economic and foreign policy are generally entrusted to the political branches of government and ‘rarely proper subjects for judicial intervention.’ ”
DHS Finalizes H-1B ‘Weighted Selection’ Rule Without Changes
On December 23, 2025, the Department of Homeland Security (DHS) announced a final rule implementing a weighted selection process that generally favors the allocation of H-1B visas to those who are, in the administration’s view, “higher-skilled and higher-paid.” The rule governs the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for unique beneficiaries for filing of H-1B cap-subject petitions (or H-1B petitions for any year in which the registration requirement is suspended). DHS received 17,000 comments and made no changes from the proposed rule. Court challenges are expected to follow.
Under the new process, instead of a random lottery, registrations for unique beneficiaries or petitions will be assigned to the relevant Occupational Employment and Wage Statistics wage level and entered into the selection pool as follows: (1) registrations for unique beneficiaries or petitions assigned wage level IV will be entered into the selection pool four times; (2) those assigned wage level III will be entered into the selection pool three times; (3) those assigned wage level II would be entered into the selection pool two times; and (4) those assigned wage level I will be entered into the selection pool one time. Each unique beneficiary will only be counted once toward the numerical allocation projections regardless of how many registrations were submitted for that beneficiary or how many times the beneficiary is entered in the selection pool, DHS said. The new final rule is expected to make it significantly less likely that companies will hire international students when they graduate from U.S. universities.
The final rule, to be published on December 29, 2025, is effective February 27, 2026, and will be in place for the Fiscal Year 2027 H-1B cap registration season.
Multiple States Support Plaintiffs in Amicus Brief Against New $100,000 H-1B Fee
According to reports, multiple states joined an amicus brief supporting plaintiffs in Global Nurse Force v. Trump, filed in the Northern District of California. The brief asks the judge to temporarily block a new Trump administration policy to charge new H-1B nonimmigrant visa applicants a $100,000 fee. Among other things, the states and other plaintiffs argue that the fee would exclude from hiring qualified H-1B workers nonprofits and schools that are unable to afford it.
The amicus brief includes the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
Another court has upheld the fee.
Trump Administration Plans to Build Seven Large Deportation Facilities Across United States
According to reports, the Trump administration plans to seek contractors to build seven large detention centers, including converted warehouses, to hold 5,000 to 10,000 detainees each, for a total of more than 80,000 detainees across the United States. Sixteen smaller processing facilities will hold up to 1,500 people each.
The larger facilities will be in Arizona, Georgia, Louisiana, Missouri, Texas, and Virginia. The smaller facilities will be in Georgia, Florida, Indiana, Louisiana, Maryland, Michigan, Minnesota, New Hampshire, New Jersey, New York, Oklahoma, Pennsylvania, Texas, and Utah.
European Leaders Denounce U.S. Travel Sanctions Attributed to ‘Censorship’
According to reports, European leaders were quick to denounce the Trump administration’s imposition of visa bans on five officials and activists who Secretary of State Marco Rubio said “have led organized efforts to coerce American platforms to censor, demonetize, and suppress American viewpoints they oppose.”
French president Emmanuel Macron said the ban was “intimidation and coercion aimed at undermining European digital sovereignty.” European Council President António Costa said that “such measures are unacceptable between allies, partners, and friends,” and the European Commission said that “if needed, we will respond swiftly and decisively to defend our regulatory autonomy against unjustified measures.”
One of the targeted officials, former European Union (EU) commissioner Thierry Breton, is considered a mastermind of the EU’s landmark Digital Services Act (DSA). “Is McCarthy’s witch hunt back? As a reminder: 90% of the European Parliament—our democratically elected body—and all 27 Member States unanimously voted [for] the DSA. To our American friends: ‘Censorship isn’t where you think it is,’ ” Mr. Breton said on X.
Another target is Imran Ahmed, founder and chief executive officer of the Center for Countering Digital Hate. Mr. Ahmed, a U.S. permanent resident and British national, filed a lawsuit against Trump administration officials, resulting in a restraining order from a federal judge temporarily forbidding the administration from arresting or detaining Mr. Ahmed before his case can be heard. “I will not be bullied away from my life’s work of fighting to keep children safe from social media’s harm and stopping antisemitism online,” he said.
President Expands Full and Partial Travel Ban List
On December 16, 2025, President Trump issued a Presidential Proclamation expanding travel restrictions announced earlier this year. The new proclamation applies to individuals who are outside of the United States as of January 1, 2026, and do not have a valid visa. Below are highlights.
Full Ban
Added to the original list of countries named in the earlier ban (Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen) are the new countries under the “full” ban (Burkina Faso, Laos, Mali, Niger, Sierra Leone, South Sudan, and Syria) and individuals holding Palestinian Authority-issued or endorsed travel documents.
Partial Restrictions
The proclamation also continues “partial” restrictions for immigrants (green card applicants) and nonimmigrants (temporary visa applicants) in the visitor/tourist category (B-1, B-2, B-1/B-2), student categories (F and M), and exchange visitor category (J) for several countries (Burundi, Cuba, Togo, Venezuela, and Turkmenistan (nonimmigrant Turkmenistan nationals on B-1, B-2, B-1/B-2, F, M, and J visas no longer face any travel restrictions, but entry to the United States of Turkmenistan nationals as immigrants remains suspended).
New countries with “partial” restrictions (suspension of entry into the United States of immigrants and nonimmigrants in the B-1, B-2, B-1/B-2, F, M, and J classifications) include Angola, Antigua and Barbuda, Benin, Cote d’Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe.
Both Full and Partial
Countries on both the “full” and “partial” suspension lists will be periodically reviewed every 180 days under the terms of the Proclamation to determine if any of the suspensions or limitations imposed should be continued, terminated, modified, or supplemented. Employers sponsoring individuals from these countries, and visa applicants from these countries, should closely monitor changes in federal immigration policy that may allow for future changes to their U.S. visa and entry eligibility.
Exceptions
Significant exceptions to these travel restrictions include:
- Lawful permanent residents of the United States (existing green card holders);
- Existing nonimmigrant (temporary) visa holders;
- Dual nationals of a designated country traveling on a passport of a non-designated country (for example, a dual national of the United Kingdom and Chad may be able to travel using their UK passport);
- Diplomats holding A/G/NATO visas;
- Athletes or members of an athletic team (including coaches and immediate relatives) traveling for the World Cup, Olympics, or other major sporting events designated by the Secretary of State;
- Special Immigrant Visa (SIV) holders (no longer including Afghan SIV holders);
- Ethnic and religious minorities in Iran;
- Individuals granted asylum;
- Individuals whose entry is determined to be in the national interest involving the Department of Justice as determined by the Attorney General;
- Individuals whose entry serves the U.S. national interest as determined by the Secretary of State; and
- Individuals whose entry is determined to be in the national interest involving the Secretary of Homeland Security.
As noted above, the proclamation no longer includes exceptions for Afghans who qualify for the SIV program. Additionally, the proclamation removes exceptions previously in the June travel ban for individuals with family-based immigrant visas and adoption visas. National Interest Exceptions may also be possible, although the Department of State has not released an implementation policy.
Practitioners advise those affected by this proclamation who are presently outside of the United States to consider making plans to return immediately. See also the related White House fact sheet.
President Suspends Diversity Visa Program After Shootings
On December 18, 2025, President Trump suspended the Diversity Immigrant Visa Program, sometimes called the “green card lottery,” following shootings at Brown University and of a Massachusetts Institute of Technology professor by a Portuguese national who immigrated to the United States in 2017 under that program and obtained legal permanent residence (previously, he had been in the United States on a student visa but left school).
“At President Trump’s direction, I am immediately directing [U.S. Citizenship and Immigration Services] to pause the DV1 program to ensure no more Americans are harmed by this disastrous program,” Secretary of Homeland Security Kristi Noem said in a post on X.
USCIS Clarifies Requirements for Professional Athletes as World Cup and Olympics Events Loom
On December 18, 2025, as the United States prepares for upcoming World Cup and Olympics events in 2025, U.S. Citizenship and Immigration Services (USCIS) announced new policy guidance to address the Department of Labor’s (DOL) adoption of the Foreign Labor Application Gateway (FLAG) system and its effect on certain immigrant visa petitions filed on behalf of professional athletes.
The guidance:
- Provides an overview of the FLAG system and describes the new labor certification-related documentation that must be submitted with the Form I-140 (Immigrant Petition for Alien Workers);
- Explains that labor certifications for professional athletes that were filed using the FLAG system no longer contain the minimum job requirements for the offered position; and
- Clarifies that if an immigrant petition for a professional athlete contains a labor certification obtained through the FLAG system, USCIS may issue a request for evidence to obtain the minimum job requirements if that information is not contained in the supporting documentation submitted with the Form I-140.
Holiday Travel Alert: Visa Appointments Disrupted; Revocation Trends
The Alliance of Business Immigration Lawyers (ABIL) is alerting clients about recent developments affecting H-1B and H-4 travelers and visa holders, and others, this winter: visa appointment disruptions tied to expanded screening and an increase in visa revocation notices reportedly linked to prior arrest history.
For example, attorneys have received reports that many H-1B and H-4 visa appointments scheduled in India for December 2025 have been canceled. Applicants are receiving notices that their appointments are being rescheduled for February and March 2026 instead. So far, these reports come from U.S. consulates in Hyderabad and Chennai; further cancellations and reschedulings are anticipated at other posts in India and elsewhere. Affected H-1B visa applicants and their dependents should anticipate rescheduling delays due to lengthy online presence checks and any potential security-related indicators and plan their future travel accordingly.
Attorneys also have received reports that the Department of State has initiated visa revocation actions for some H-1B visa holders based on prior arrest history, including arrests that occurred years ago (some reports reach back to 2017). Visa revocations do not necessarily impact lawful status in the United States but are a serious concern.
Visa holders in the United States may want to consider postponing international travel or delaying departure until the consulate has confirmed that a visa appointment has not been rescheduled. For case-specific guidance on travel planning, stamping strategy, rescheduling visa appointments, or responding to a revocation notice, contact your ABIL attorney.
USCIS Limits Age and Type of Photos for Many Applications
On December 12, 2025, U.S. Citizenship and Immigration Services (USCIS) announced new guidance, effective immediately, limiting the age of foreign nationals’ photos that can be used to create immigration documents to a maximum of three years, with many exceptions. Certain forms will require a new photo, along with new biometrics, “regardless of when an applicant’s or petitioner’s last photograph was taken,” including applications to replace permanent resident cards and to register permanent residence or adjust status, and applications for naturalization and certificates of citizenship.
Additionally, USCIS said, “self-submitted photos will no longer be accepted. Only photos taken by USCIS or other authorized entities will be used.” USCIS also said that it “has the discretion to require a new photograph from requestors in lieu of reusing an existing photograph.”
DOS Updates Instructions for Nonimmigrant and Immigrant Visa Applicants Scheduling Interviews
On December 12, 2025, the Department of State (DOS) announced that it has updated its instructions for all nonimmigrant and immigrant visa applicants scheduling visa interview appointments.
Nonimmigrant Visas
- Applicants for U.S. nonimmigrant visas should schedule their visa interview appointments at the U.S. embassy or consulate in their country of nationality or residence.
- Nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations must apply at the designated embassy or consulate, unless their residence is elsewhere.
Immigrant Visas
- Immigrant visa applicants must interview in the consular district designated for their place of residence or in their country of nationality if requested, with limited exceptions.
- Residents of countries where routine visa operations are suspended or paused should apply at their designated immigrant visa processing post, unless the applicant is a national of another country with ongoing operations.
The announcements include a list of designated processing posts for applications.
DHS Announces Termination of TPS Designation for Ethiopia
On December 12, 2025, the Department of Homeland Security (DHS) announced that it is terminating the Temporary Protected Status (TPS) designation for Ethiopia.
DHS said that Ethiopian nationals with no other lawful basis for remaining in the United States have 60 days to voluntarily depart the United States. After February 13, 2026, DHS “may arrest and deport any Ethiopian national without status after their TPS has been terminated.” DHS said it encourages them to use U.S. Customs and Border Protection’s CBP Home Mobile App to report their departure and “self-deport” from the United States. Use of the app “includes a complimentary plane ticket, a $1,000 exit bonus, and potential future opportunities for legal immigration,” DHS said.
USCIS Posts New Form for ‘Gold Card’ Immigrant Petition; ‘Platinum Card’ Coming Soon
U.S. Citizenship and Immigration Services (USCIS) has posted a new form for the “Trump Gold Card” immigrant visa program, Form I-140G, Immigrant Petition for the Gold Card Program. The program requires a minimum “contribution” of $1 million along with a hefty application fee. Applicants may only file the form after they have registered their information on trumpcard.gov and received confirmation that their submission was accepted. USCIS will contact the applicant when it is time to create or log in to their USCIS online account to file the form.
The form, dated 11/19/2025, was created under “The Gold Card,” Executive Order 14351. The fee for Form I-140G is $15,000 per person (principal beneficiary, spouse, or child(ren), as applicable). Additional Department of State (DOS) “small fees” may apply “depending on the applicant.” For a corporation or similar entity filing on behalf of an individual, the required “gift” to the United States is $2 million for the principal beneficiary, and $1 million per person for any accompanying spouse or children listed on the petition, in addition to the fee(s).
The Trump administration also announced a “Trump Platinum Card,” coming soon, for which foreign nationals can join a waiting list. When launched, and upon receipt of a $15,000 processing fee and a $5 million contribution, applicants will have the ability to spend up to 270 days in the United States without being subject to U.S. taxes on non-U.S. income. Additional DOS “small fees” may apply “depending on the applicant.” Those “who have ever been subject to U.S. tax on non-U.S. income (e.g., U.S. citizens and resident aliens) are not eligible to apply for the Trump Platinum Card.”
It is unclear how long processing will take. The website states, “Once an applicant’s processing fee and application are received, the process should take weeks. The applicant will need to attend a visa interview and submit any additional documents in a timely manner.” However, practitioners expressed concerns that it could take years in some cases.
DHS Terminates Family Reunification Parole Programs
On December 12, 2025, the Department of Homeland Security (DHS) announced that it is terminating all categorical family reunification parole (FRP) programs for people from Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, and their immediate family members. DHS said it “is returning parole to a case-by-case basis.”
If a person was paroled in the United States under the FRP programs and their parole has not yet expired by January 14, 2026, it will terminate on that date unless the person has a pending application to register permanent residence or adjust status that was postmarked or electronically filed by December 15, 2025, and is still pending on January 14, 2026. If the person with parole has a pending Form I-485, the parole will remain valid until either the period of parole expires or DHS makes a final decision on their pending Form I-485, whichever is sooner. If DHS denies their Form I-485, “their period of parole will be terminated, and they should depart the United States immediately.”
DHS said that when it terminates a person’s period of parole under the FRP programs, it also will revoke their employment authorization based on that parole. The agency said it will notify each person individually that DHS is terminating their parole period and revoking their employment authorization.
