DOS Announces Expanded Screening and Vetting for H-1B and Dependent H-4 Visa Applicants 

On December 3, 2025, the U.S. Department of State (DOS) announced that as of December 15, 2025, it will expand on-line presence review requirements to all H-1B applicants and their dependents, in addition to students and exchange visitors. To facilitate this on-line presence vetting, H-1B, H-4, F, M, and J non-immigrant visa applicants are instructed to set their privacy settings on all their social media profiles to “public.” Given the ever-increasing use of on-line presence vetting by DOS and USCIS, we encourage individuals to review and be mindful of their activity and content on their social media accounts.

USCIS Orders Pause on Decisions for All Form Types for Nationals of Travel Ban Countries 

On December 2, 2025, USCIS issued a Policy Memorandum implementing a pause on final adjudications of all pending benefit requests for individuals from the 19 travel ban countries. The pause is in effect until USCIS issues guidance on additional vetting and applies to approvals and denials of all form types, as well as naturalization oath ceremonies, for individuals from travel ban countries. Reports indicate that naturalization oath ceremonies scheduled for this week were suddenly canceled for nationals from Venezuela, Iran, and Afghanistan. Furthermore, adjustment of status interview cancellations have also been reported for nationals of Venezuela.

In addition, the Policy Memorandum instructs USCIS personnel to conduct a comprehensive re-review of approved benefit requests for individuals from travel ban countries who entered the United States on or after January 20, 2021. If deemed appropriate, USCIS may also review approved benefit requests for individuals who entered the United States outside this timeframe.

The 19 travel ban countries are Afghanistan, Burma, Burundi, Chad, Republic of Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela, and Yemen

USCIS Updates Policy Manual to Consider Relevant Country-Specific Facts and Circumstances When Adjudicating Discretionary Benefit Requests 

In response to the shooting of two National Guard service members in Washington, D.C., on November 26, 2025, allegedly by an Afghan national, USCIS issued new guidance allowing for negative, country-specific factors to be considered when vetting applicants as part of its adjudication of discretionary benefit requests. The new policy applies to requests pending or filed on or after November 27, 2025, by nationals from the 19 countries subject to the June 4, 2025, travel ban. Discretionary benefit requests include adjustment of status applications, extension of non-immigrant status, and change of non-immigrant status.

On November 28, 2025, the Trump administration also stated via X that it will re-examine all permanent resident cards issued to nationals from the 19 travel ban countries. No further information was provided regarding the process and scope for re-examination.

The 19 travel ban countries are: Afghanistan, Burma, Burundi, Chad, Republic of Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela, and Yemen.

DOS Pauses Visa Issuance for Afghan Nationals/USCIS Pauses Immigration Benefit Requests for Afghan Nationals

 On November 28, 2025, the U.S. Department of State announced via X a pause on visa issuance for individuals traveling on Afghan passports. According to reports, consular officers are directed to refuse immigrant and non-immigrant visas for all eligible Afghan visa applicants under INA 221(g) and place the applicants in administrative processing. This comes after the shooting of two National Guard service members allegedly by an Afghan national.

Meanwhile, USCIS announced on X that it would stop processing all immigration requests relating to Afghan nationals. President Trump added that the administration would also re-examine every Afghan national who entered the U.S. under the Biden administration. No further information has been provided on what the re-examination process will entail.

USCIS Halts All Asylums Claim Decisions After National Guard Shooting   

In the wake of the shooting of two National Guard members in Washington, D.C., the Trump administration directed USCIS to pause all asylum decisions. In response, USCIS issued a Policy Memorandum on December 2, 2025, instructing officers to place a hold on all Forms I-589, Application for Asylum and for Withholding of Removal. The pause applies to asylum applicants from all nationalities.

USCIS to Review Approvals and Immediately Pause LPR Applications for Certain Refugees 

On November 21, 2025, USCIS Director Joe Edlow issued an internal memo ordering USCIS personnel to review and potentially re-interview all refugee approvals from January 21, 2021, to February 20, 2025—approximately 200,000 cases. This memo also orders USCIS to stop adjudicating any applications to adjust status filed by refugees, their derivatives, and follow-to-join refugees admitted during this timeframe. Furthermore, the memo states that refugees who have already adjusted status to lawful permanent residency will also be subject to review.

If USCIS finds that an individual did not meet the refugee criteria, it will terminate the individual’s refugee status. If deemed appropriate, USCIS may also review and re-interview refugees admitted outside the stated timeframe.

This latest action is a continuation of the current administration’s hardline attempts to cut refugee admissions. For example, in late October, President Trump set the refugee admissions cap for fiscal year 2026 at a record-low 7,500 and directed his administration to focus on granting refugee status to white South Africans. In comparison, about 100,000 refugees entered the United States in fiscal year 2024 under former President Biden.

Refugees undergo a thorough vetting process with multiple government agencies prior to entering the U.S. Reviewing the cases of about 200,000 individuals is a major waste of government resources and will divert attention away from other benefit requests pending with USCIS.

USCIS Takes Step Towards Gold Card 

In accordance with “The Gold Card” Executive Order issued on September 19, 2025, USCIS has now taken the step of submitting a draft Form I-140G, Immigrant Petition for the Gold Card Program, to the Office of Management and Budget (OMB). OMB approval of the form is necessary for USCIS to implement the Gold Card by the December 18, 2025, deadline set in the executive order. The application fee is expected to be $15,000 per applicant.

The Gold Card program would grant permanent residence status under either the EB-1 or EB-2 preference category to an applicant who donates $1 million to the U.S. Treasury, or $2 million for corporate-sponsored applicants. Per the draft form, applicants will be required to submit information and evidence documenting the source and path of funds of their gift. USCIS is expected to announce further information and details on the application process in the coming two weeks.

Foreign nationals are particularly interested in learning how the Gold Card program will impact visa waiting times in the EB-1 and EB-2 preference categories. It is also unclear if the program could withstand legal scrutiny in a court of law, with legal experts warning that the White House is exceeding its authority. As such, the success and long-term viability of this program remain to be seen.

DHS Terminates TPS Designation for Burma (Myanmar) and Haiti

On November 24, 2025, Secretary of Homeland Security Kristi Noem announced the termination of Temporary Protected Status (TPS) for Burma (Myanmar). The termination will be effective on January 26, 2026. According to Noem, Burma has made notable progress in governance and stability such that Burmese citizens can return home safely.

Similarly, on November 26, 2025, Secretary Noem announced the termination of TPS for Haiti. The termination will be effective on February 3, 2026. In making this determination, Secretary Noem found that allowing Haitian nationals to remain in the United States pursuant to TPS to be inconsistent with U.S. national interests.

These terminations follow Secretary Noem’s earlier TPS termination for South Sudan on November 5, 2025. South Sudan’s TPS designation ends on January 5, 2026.

New Naturalization Test 

USCIS recently announced the reimplementation of the 2020 Naturalization Civics Test with some modifications, now called the 2025 Naturalization Civics Test. The new test will test applicants’ knowledge and understanding of the fundamentals of American history, and of the principles and form of government of the United States. The 2025 Naturalization Civics Test will be administered to applicants who filed their naturalization application on or after October 20, 2025. Pursuant to the USCIS notice, officers will now administer a 20-question test using a bank of 128 questions. To pass, an applicant must correctly answer 12 questions. An officer is only required to ask questions until the applicant either passes or fails the test. The English language parts of the naturalization test remain unchanged.

The new naturalization test is part of a larger effort by the current administration to revamp the adjudication of naturalization applications. Other recently announced changes include: stricter review of disability exception requests to the English requirements, instructing officers to assess good moral character by looking for positive contributions to American society instead of a mere absence of bad behavior, resuming neighborhood investigations of applicants to verify their claims and obtain a full picture of their character, and clarifying that unlawfully voting, unlawfully registering to vote, and making false claims to U.S. citizenship disqualify applicants from showing good moral character. While it is too early to know how officers will implement these changes, we expect to see an increase in denials of naturalization applications.

HHS Notice of Medicaid Information Sharing Between the Centers for Medicare & Medicaid Services and the Department of Homeland Security  

On November 25, 2025, the U.S. Department of Health and Human Services (HHS) and its Centers for Medicare & Medicaid Services (CMS) issued a notice that certain information collected through the Medicaid program will be shared with the U.S. Department of Homeland Security (DHS) and its Immigration and Customs Enforcement (ICE) agency. CMS is the federal agency that provides health coverage to more than 160 million people through Medicare, Medicaid, the Children’s Health Insurance Program (CHIP), and the Health Insurance Marketplace. The data sharing applies immediately and covers information collected in connection with CMS’s administration of Medicaid. ICE has stated that the information held by CMS is useful for immigration enforcement purposes and to support the full and efficient execution of ICE’s mission.

USCIS Announces FY 2026 Inflation Increase for Certain Immigration-Related Fees 

On November 21, 2025, USCIS announced increases to certain immigration-related fees required by the One Big Beautiful Bill Act (H.R. 1) for fiscal year 2026. The new fees must be included with benefit requests postmarked on or after the effective date of January 1, 2026. The increased fees impact only certain humanitarian-based benefit requests. The full list can be found here.

The information in this newsletter is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. This content is not a substitute for obtaining legal counsel on your specific matter. You should not act or refrain from acting based on this information without seeking the advice of a qualified professional.