Presidential Proclamation Continues and Expands Restrictions on Entry for Nationals of Certain Countries 

On December 16, 2025, President Trump issued a presidential proclamation titled, “Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States.” This new ban adds countries, modifies some restrictions, and modifies the exceptions to the travel bans that were announced on June 4, 2025. The justification for the new ban is the same as the one for the June 4, 2025, travel ban, namely national security and public safety. The new ban takes effect as of 12:01am EST on January 1, 2026. 

Per the new proclamation, the following countries are now also subject to a full travel ban suspending entry to the United States on both immigrant and non-immigrant visas: Burkina Faso, Laos, Mali, Niger, Sierra Leone, South Sudan, and Syria, as well as individuals traveling with a document issued by the Palestinian Authority. 

A partial travel ban is extended to the following countries: Angola, Antigua and Barbuda, Benin, Cote d’Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe. The partial travel ban restricts nationals of these countries from entering the United States on B, F, M, and J visas. 

The travel ban only applies to nationals of the designated countries who are outside the United States and who do not have a valid visa on the effective date of the new proclamation. The ban also does not apply to lawful permanent residents of the United States; dual nationals of a travel ban country when traveling on a passport issued by the country not on the travel ban list; athletes, coaches, support personnel, and immediate relatives, traveling for the World Cup, Olympics, or other major sporting event; and individuals traveling with a valid non-immigrant A, C, G, or NATO visa. The new ban also provides for exceptions in the national interest based on a determination by the U.S. Attorney General, U.S. Secretary of State, or U.S. Secretary of Homeland Security. 

USCIS will likely be expanding the recent pause on all USCIS adjudications for benefit requests filed by nationals of the June 4, 2025, travel ban countries to nationals of the newly added countries. While USCIS has not yet made this announcement as of this writing, we expect it will be issued any moment now. 

DOS Releases January 2026 Visa Bulletin 

The U.S. Department of State (DOS) released the January 2026 Visa Bulletin. Notably, the Final Action Date for EB-1 Indian nationals moves forward by almost a year, to February 1, 2023. The Final Action Date for EB-2, All Chargeability Areas, advances by two months, to April 1, 2024. Additionally, the EB-5 Unreserved Final Action Date for India moves forward by almost a year, to May 1, 2022. 

Meanwhile, the cut-off date for Early Filing for EB-2, All Chargeability Areas, advances by three months, to October 15, 2024. The EB-5 Unreserved category for Indian nationals sees a large advancement in the cut-off date for Early Filing of over two years, to May 1, 2024. 

Overall, many categories see forward movement even if by a small amount. USCIS announced that for the month of January 2026, applicants may use the Dates for Filing charts in both family-based and employment-based preference categories. 

States Sue Trump Administration Over New $100,000 H-1B Fee 

On December 12, 2025, a coalition of 20 U.S. states sued the Trump administration in the U.S. District Court for the District of Massachusetts over the new $100,000 H-1B fee imposed by President Trump’s September 19, 2025, proclamation. The lawsuit, State of California, et al. v. Kristi Noem, et al., alleges the government did not follow the notice and comment rulemaking process and that the fee is arbitrary and capricious, in violation of the Administrative Procedure Act. The complaint notes public colleges, schools, and healthcare systems are entities that are impacted by the new $100,000 fee and ask the court to set aside and enjoin the policy. 

This is the third lawsuit filed against the administration challenging the legality of President Trump’s $100,000 H-1B fee. A district court hearing on the preliminary injunction in one of the other lawsuits, Chamber of Commerce v. DHS, is scheduled for December 19, 2025. 

USCIS Ramps Up Denaturalization Efforts 

According to the New York Times, U.S. Citizenship and Immigration Services (USCIS) issued guidance to its field offices asking them to supply the Office of Immigration Litigation with 100-200 denaturalization cases per month in the current 2026 fiscal year. This marks a strong shift in denaturalization attempts from prior administrations. For example, between 2017 and this year to date, there were just over 120 denaturalization cases filed. Under current law, naturalized citizens may be denaturalized only if they committed fraud when they obtained citizenship, or in a few other circumstances. 

USCIS refers denaturalization cases to the U.S. Justice Department, which then can pursue a civil or criminal proceeding in federal court to strip a person of their U.S. citizenship. While denaturalization has been historically a rare and difficult court process, the Trump administration seeks to increase its use as part of its anti-immigrant agenda. 

USCIS Issues New Photo Policy 

On December 12, 2025, U.S. Citizenship and Immigration Services (USCIS) issued new guidance in the USCIS Policy Manual that limits re-use of photos taken at an Application Support Center to those that were taken within the preceding three years of the date a person files a USCIS benefits request. The rationale for this change is that reusing photos for up to 10 years, including when a person’s physical appearance had changed significantly, stemming from COVID-19-era flexibilities resulted in a compromised system in which USCIS could not properly verify, identify, and screen individuals. 

In addition, the new three-year photo-reuse limit does not apply to Form I-90 (application to replace green card), Form I-485 (application for adjustment of status), Form N-400 (application for naturalization), and Form N-600 (application for citizenship certificate). These forms require the collection of new biometrics, including a new photograph, each time. 

The new policy went into effect immediately and applies to benefit requests filed on or after December 12, 2025. As such, going forward, applicants should expect to be scheduled for biometrics appointments more often than in the last several years. 

DHS Terminates Family Reunification Parole Programs 

On December 12, 2025, the U.S. Department of Homeland Security (DHS) announced it was terminating all family reunification parole (FRP) programs for individuals from Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, and their immediate family members. According to the announcement, for an individual paroled under an FRP program whose parole has not yet expired on January 14, 2026, their parole will terminate on that date unless the individual has a pending Form I-485, Application to Register Permanent Residence or Adjust Status, that is postmarked or electronically filed on or before December 15, 2025, and is still pending on January 14, 2026. If an individual has a pending Form I-485 application, their parole will remain valid until either their period of parole expires or a final decision is issued on the pending Form I-485, whichever is sooner. If the Form I-485 is denied, their period of parole will be terminated and they should depart the United States immediately. Additionally, if USCIS terminates a period of parole under an FRP program, USCIS will also revoke that individual’s employment authorization document based on that parole. 

The termination of the Family Reunification Parole programs is yet another example of the current administration’s efforts to limit or eliminate humanitarian-based immigration benefits. Despite the vetting that individuals already undergo during the parole process, DHS continues to attack humanitarian programs claiming they are abused and allow poorly vetted individuals to enter the United States.

Gold Card Program Application Form Released 

Last week, U.S. Citizenship and Immigration Services (USCIS) released Form I-140G, Immigrant Petition for the Gold Card Program. According to the instructions, the form may be filed on-line only through a USCIS on-line account. Further, Form I-140G may only be filed after the petitioner has registered their information on trumpcard.gov and received confirmation that the submission was accepted. USCIS will then contact the petitioner to alert them to create or log in to their USCIS on-line account to file Form I-140G. The filing fee for Form I-140G is $15,000 per person. For an individual filing Form I-140G on his/her own behalf, the required gift to the United States is $1 million per person requesting a Gold Card. For example, a family of four would require a $4 million donation and filing fees of $60,000. 

DHS Terminates Temporary Protected Status for Ethiopia 

The U.S. Department of Homeland Security (DHS) ended the Temporary Protected Status designation of Ethiopia effective December 12, 2025. DHS determined Ethiopia no longer met the requirements for TPS designation due to improved conditions for returning Ethiopian nationals. Ethiopian nationals with no other lawful basis to remain in the United States have 60 days to depart the U.S. voluntarily. After February 13, 2026, such Ethiopian nationals may become subject to removal. 

DOS Updates B-1 Eligibility for FIFA World Cup 2026 Volunteers 

On December 1, 2025, the U.S. Department of State (USDOS) updated 9 FAM 402.2-5(C)(10) to specifically provide that a B-1 visa may be issued to an applicant who has been selected and accredited by FIFA to participate as a volunteer in the United States during the FIFA World Cup 2026. The update notes, however, that an applicant may not receive a salary or payment for services from FIFA. Further, a FIFA volunteer is responsible for covering their expenses, including travel and accommodation expenses, but may be provided with meals and refreshments during their shifts. 

While this update aligns with USDOS’s broader preparations for World Cup-related travel, including increased consular staffing and special appointment accommodations for ticket holders, the update does not provide any benefit to fans in need of a B visa to attend matches. Given the recent increased scrutiny on visa applicants, the update alone is insufficient to overcome an INA 214(b) visa refusal based on a finding of immigrant intent.

CBP Proposes Increased Data Collection and Social Media Screening for ESTA/Visa Waiver Program Travelers 

On December 10, 2025, U.S. Customs and Border Protection (CBP) published a Federal Register notice proposing to increase its data collection in the Visa Waiver Program/ESTA application. Among the information CBP seeks to collect from applicants is social media used in the last five years; telephone numbers used in the past five years; e-mail addresses used in the past 10 years; family members’ names, dates/places of birth, residences, and phone numbers; biometrics (face, fingerprint, iris scans, and DNA); and business telephone numbers and e-mail addresses used in the last five and ten years, respectively. CBP also seeks to introduce a new Voluntary Self-Reported Exit tool that would allow VWP/ESTA travelers to use facial images, geolocation information, and liveness-detection software to register their departure from the United States. Finally, the current ESTA website would be decommissioned and applicants would need to use the ESTA Mobile app. 

CBP’s proposal follows the Trump administration’s increase use of data collection and social media vetting in the U.S. immigration system. If the proposed changes are implemented, VWP/ESTA travelers may face longer application processing times and delays when traveling to the U.S. under the program. 

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