December 2025 Visa Bulletin Released

USDOS posted the December 2025 Visa Bulletin. USCIS stated that, for December 2025, applicants in family-sponsored preference categories and employment-based preference categories may use the Dates for Filing chart (“early filing” or “Chart B”). The December Visa Bulletin sees slight movement forward in the Final Action Dates for certain categories. For example, the EB-1 category for Chinese and Indian nationals moves forward by one month each, the EB-2 Worldwide category advances by two months, and the EB-3 Worldwide category moves forward by two weeks. Chart B, or the Dates for Filing, for employment-based visa applications remains mostly the same, except for a three-week advancement in the EB-5 Unreserved category for Chinese nationals. 

U.S. Department Of State Issues Cable Addressing Public Charge: Some Immigrants With Health Conditions May Be Denied Visas

According to recent press reports, on or about November 6, 2025, the U.S. Department of State (DOS) issued a cable providing guidance to consular officers on how to apply the INA 212(a)(4) public charge ground of inadmissibility. Overall, the cable suggests a return to the first Trump administration’s more stringent interpretation of INA 212(a)(4) by directing consular officers to review an applicant’s totality of the circumstances when determining if they are likely to become a public charge and rely on government benefits in the future. 

 Notably, the cable instructs consular officers to take into consideration chronic conditions and consider the costs associated with managing or treating the health condition. An unofficial and unverified copy of the cable reads: “Certain medical conditions—including, but not limited to, cardiovascular diseases, respiratory diseases, cancers, diabetes, metabolic diseases, neurological diseases, and mental health conditions—can require hundreds of thousands of dollars’ worth of care. If any applicant has one of these conditions, does he have adequate financial resources or insurance coverage for such costs over his entire expected period of stay in the United States without seeking public cash assistance or long-term institutionalization at government expense? … You should pay particular attention to any chronic conditions identified in the medical report, as these can require expensive, long-term care or could mean an applicant is unable to support himself through employment. … You also should consider aspects of the applicant’s health that are not necessarily identified as Class B medical conditions but that could nevertheless lead to a public charge determination when assessed in the totality of the circumstances. For example, according to the CDC, obesity in adults increases the risks of, among other conditions, high blood pressure; Type 2 diabetes; breathing problems, such as asthma and sleep apnea; joint problems, such as osteoarthritis; gallstones and gallbladder disease; and mental illness, such as clinical depression and anxiety. All of these can require expensive, long-term care.” 

 Furthermore, the cable also prompts consular officers to consider an applicant’s family status, including dependent family members. Officers are asked to consider, “Is the applicant the sole breadwinner? Do any of the dependents have disabilities, chronic medical conditions, or other special needs and require care such that the applicant cannot maintain employment?” 

Consular officers are also tasked with considering an applicant’s English language proficiency. The cable notes, “For an applicant who intends to support himself and his dependents through employment, lack of the necessary English language proficiency could call into question his ability to become or remain self-sufficient within a reasonable time after entry into the United States.” 

Finally, the cable reminds officers that the public charge ground of inadmissibility applies to both immigrants and non-immigrants. 

DHS Seeks Vast Expansion of Biometrics Collection for Immigration Benefits

On November 3, 2025, the U.S. Department of Homeland Security proposed a rule to vastly expand its collection of biometrics from individuals applying for immigration benefits, including fingerprints, DNA, facial and iris scans, and other data. If finalized, the rule would broaden DHS’s authority to collect biometrics from applicants, petitioners, sponsors, and family members—including U.S. citizens, lawful permanent residents, and minors—and use that information for identity management, eligibility verification, and enforcement purposes. The agency also plans to eliminate certain exemptions, require DNA testing in some cases, and remove the “presumption of good moral character” clause for benefit applicants under age 14. 

Artificial Intelligence Tools Lead To Increased Monitoring & Enforcement Actions Against Non-Citizens

In April 2025, U.S. Immigration and Customs Enforcement (ICE) awarded Palantir Technologies a $30 million contract to develop ImmigrationOS, a platform that uses artificial intelligence (AI) to pull together vast amounts of data, detect patterns, and flag individuals who meet certain criteria. ImmigrationOS has three main components: help ICE target and prioritize enforcement, with priority given to violent criminals and visa overstays; monitor whether individuals are voluntarily leaving the U.S.; and streamline the deportation process from identification to removal. The platform pulls data from across government databases, including passport records, Social Security files, IRS tax information, and license-plate reader data, regardless of the accuracy of the data. In other words, outdated information, inaccurate data, and misattributions can have life-changing consequences for immigrants. 

ImmigrationOS is just another example of the administration’s focus on expanding surveillance on immigrants using artificial intelligence. Both the U.S. Department of State and U.S. Department of Homeland Security maintain access to Babel Street’s Babel X, an AI-powered tool that scours social media posts, message boards, on-line comments, and the dark web for “potential threats” and criticism of the agencies. DOS has stated that it is continuously monitoring 55+ million visa holders in the U.S. for any violation that could lead to deportation. Use of AI tools has already led to the revocation of over 40,000 visas since January 20, 2025, a drastic increase from the 16,000 revocations seen during the same period in 2024. As a result, non-citizens are encouraged to be mindful of their social media presence and of the possible consequences an arrest could have on their immigration status due to the government’s sweeping oversight and enforcement efforts. 

Project Firewall, An H-1B Enforcement Initiative

On September 19, 2025, the U.S. Department of Labor (DOL) launched Project Firewall, an H-1B enforcement initiative. According to the agency’s announcement, through Project Firewall,the Secretary of Labor will personally certify the initiation of investigations for the first in the department’s history if reasonable cause exists that an H-1B employer is not in compliance. Violations may result in the collection of back wages owed to affected workers, the assessment of civil money penalties, and/or debarment from future use of the H-1B program for a prescribed period of time. Since 2017, DOL and U.S. Citizenship and Immigration Services (USCIS) have had a Memorandum of Agreement to share data between both agencies. To carry out Project Firewall, DOL stated that they will now also share information and coordinate with relevant government agencies to combat discrimination against American workers and ensure the law is properly enforced. 

DHS Eliminates 540-Day Automatic Extension for EAD Renewals

On October 30, 2025, the U.S. Department of Homeland Security issued the Removal of the Automatic Extension of Employment Authorization Documents Interim Final Rule (IFR), which ended the 540-day automatic extension of employment authorization documents (EADs) for applicants who file renewals in a timely manner. The IFR applies to all renewals filed on or after 10/30/2025 and to all categories previously eligible for the automatic extension. The automatic extension period provided an important economic stopgap for businesses to continue employing current employees in case it took more than 6 months to adjudicate their renewal applications. Given the administration’s ongoing goal to cut government personnel and increase enforcement operations, processing times will only increase. Without access to this automatic extension, employers will be forced to fire their trained employees due to bureaucratic delays. 

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