T&R Immigration Newsletter - December 2025

Immigration Newsletter

December 2025

In this month’s newsletter, T&R provides updates and information about (1) the Gold Card Program goes live; (2) USCIS pausing all immigration benefits for nationals of 19 countries; (3) termination of TPS for several countries; (4) the DOL’s “Project Firewall” initiative; (5) health conditions to apply to the public charge ground of inadmissibility; (6) proposed changes to the F and J visa terms; (7) new proposal to expand biometrics requirements for FNs entering the US; (8) December 2025 Visa Bulletin, and more.

Gold Card Website Goes Live

Yesterday the federal government officially launched the new Trump Gold Card, a green card program that was created by an executive order and envisioned to be a streamlined path for certain investors and professionals to obtain U.S. permanent residence. Individuals can now apply directly through TrumpCard.gov. To qualify, an applicant must pass federal background checks and donate a $1 million contribution to the U.S. Treasury. There is also a non-refundable $15,000 filing and processing fee per applicant. Companies may use the program as well by contributing $2 million per sponsored employee, and corporations that file will have annual maintenance fees and additional charges if they transfer the benefit to a different employee later. Family members may apply as dependents but must pay their own processing fees of $15,000 per person.

Functionally, the Gold Card program aims to offer a faster, simpler alternative to traditional investor visas by eliminating the job-creation requirements that exist in EB-5. However, the immigrant visa numbers will be taken from the EB-1 and EB-2 categories. Once approved, applicants receive permanent residence and may pursue citizenship after meeting the required residency periods. 

Clients considering this option will still be subject to:

1. Thorough financial vetting;
2. Vetting of all admissibility grounds;
3. Per country backlogs for immigrant visas.
4. Possible Visa Interview;
5. All documents required for an immigrant visa.

 As of now this program seems to be available to persons outside of the United States. As with any new immigration program, the rules will likely evolve over time.  

New Consideration of Country-Specific Factors when Adjudicating Benefits

The Trump administration issued broad sweeping immigration policies following the shooting of two National Guard members in Washington D.C. Some specifics about these policies have emerged in the last two weeks.

• USCIS has paused all applications for asylum or withholding of removals from all countries.
• USCIS issued new guidance allowing for country-specific factors to be considered when vetting applicants from the 19 countries in the June 2025 travel ban: Afghanistan, Burma, Burundi, Chad, Republic of the Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela, and Yemen. See here.
• USCIS has paused the processing of all immigration benefits for pending applications for immigration benefits from these 19 countries;
• USCIS is indicating that it will review all approved immigration benefits for foreign nationals from these 19 countries if they entered on or after January 20,2021.

What have we been seeing since this announcement? The USCIS has been cancelling interviews for naturalization and adjustment of status for applicants from these 19 countries. Foreign nationals are getting cancellations via text, email, phone calls and on their USCIS accounts. 

Should people travel? For now, until we see more of how these new policies are rolled out, we recommend that foreign nationals from these 19 countries who are in the United States in a nonimmigrant visa status or as lawful permanent residents do not travel outside of the United States. To date, we have not seen or heard reports of people being detained upon entry, but we recommend being extra cautious and avoid travel if it isn’t absolutely necessary.

Termination of Temporary Protected Status (TPS) for Several Countries

The Department of Homeland Security (DHS) has recently announced termination of Temporary Protected Status (TPS) for several countries.

• South Sudan – Termination will be effective January 5, 2026.
• Burma – Termination will be effective January 26, 2026.
• Haiti – Termination will be effective February 3, 2026.
• Venezuela – Both the 2021 and 2023 TPS designations have been terminated as of October 3, 2025, with temporary work authorization extended through November 7, 2025. Work authorization based on these designations is no longer valid unless your TPS was renewed and extended prior to the termination.
• TPS beneficiaries who received an EAD on or before February 5, 2025 with an expiration date of October 2, 2026, will maintain work authorization until October 2, 2026.
• Litigation is ongoing with further updates possible. Additional information is available here.

Without TPS protection, nationals of the countries listed above may be at risk of deportation. However, they may be eligible for other avenues to remain lawfully in the United States and should see advice from immigration counsel.

Project Firewall: New DOL Initiative

The Department of Labor (DOL) announced a new initiative “Project Firewall” to enhance enforcement of the H-1B visa program, claiming this initiative aims to protect the jobs, wages, and working conditions of America’s highly skilled workforce.

• The DOL will conduct investigations of employers to maximize H-1B program compliance. The initiative signals an increased focus on compliance within the H-1B program and is likely to result in a rise in DOL Labor Condition Application (LCA) compliance investigations.
• On November 24, 2025, the DOL announced a formal partnership with the U.S. Equal Employment Opportunity Commission (EEOC) under Project Firewall, which will intensify enforcement against employers.

The bottom line is that employer need to be even more vigilant about their H-1B practices and compliance folders, as well as other compliance including I-9 and PERM. T&R is available to assist employers in audits and review of compliance files.

Expanded Public Charge Standards for Inadmissibility Includes Obesity 

In November 2025, the Department of State (DOS) issued detailed instructions to consular officers on how to apply the public charge ground of inadmissibility, which has been a part of U.S. immigration law for over century. However, the new cable emphasizes the evaluation of applicants’ likelihood of relying on public assistance or long-term government funded care. Notably, the new guidance issues explicit integration of obesity as a negative health factor to be weighed in the applicant’s “totality of the circumstances” assessment. The cable asserts that obesity increases the risk of high blood pressure, Type 2 diabetes, sleep apnea, joint disorders, and other ailments that can require long term medical treatment. Overall, the “totality of circumstances” assessment requires immigration officials to assess all factors including age, health, family status, assets, resources, financial status, education and skills.

Now, when attending consular interviews for nonimmigrant or immigrant visas, individuals with chronic health conditions, including obesity, must be prepared to address health concerns and demonstrate financial independence from government assistance. This can include:

• Documentation of private insurance coverage;
• Evidence of stable financial resources and assets;
• Showing long-term financial planning, including for potential medical needs; and
• Evidence of an employment plan in the U.S.

These new expanded standards for public charge are subjective and can be applied differently among immigration officers. 

T&R will provide updates on how this policy is being applied as it is rolled out.

DHS Proposes a Fixed Admission Period to F and J Student and Exchange Visitor Rules

Since the early 1990’s, most F and J visitors have been admitted for “duration of status” (D/S), allowing them to remain in the U.S. as long as they maintained program compliance. The DHS has now issued a proposed rule, under which visitors would be admitted for a fixed period tied to the end date on Form I-20 (for students) or DS-2019 (for exchange visitors), generally capped at four years plus a 30-day grace period (down from the current 60 days for F-1 students).

This proposal raises several points of concern:

• The four-year limit contradicts many graduate and Ph.D. programs, which take longer to complete and would require students to file extension applications with USCIS to extend their programs;
• It introduces a new USCIS extension process, including fees, biometrics, and possibly an interview, possibly jeopardizing a student’s ability to continue studying in the United States;
• Enrollment in English language training programs in student status would be limited to 24 months total;
• Graduate students would no longer be able to change programs after admission without filing an application with USCIS, and students would face tighter rules on transfers or changing educational objectives;
• It prohibits lateral or reverse matriculation, so F-1 students would not be allowed to pursue a program at the same or lower education level after completing one (e.g., pursuing a second bachelor's degree after finishing a master’s).

This is at the proposed rule stage, so no policy changes are yet finalized.

T&R will provide more details when the final rule is published.

Proposal to Expand Biometrics Requirements for all FNs Entering the U.S. 

In early November, DHS announced a notice of proposed rulemaking that would significantly expand the scope, collection, and use of biometrics information throughout the immigration process. This expansion applies in several ways:

• It would require anyone filing or “associated” with immigration benefits to undergo biometrics collection and submission – possibly including U.S. citizens.
• DHS is also proposing a broader definition of biometrics, allowing for the collection of a variety of identifiers, such as fingerprints, facial images, iris scans, palm prints, voice prints, and DNA.
• The proposed rule eliminates previous age restrictions so DHS can collect biometric data from children under the age of 14, unless specific exemption is granted.
• The department intends to set up a continuous vetting system that would require immigrants to repeatedly undergo screening until they become a citizen.

The proposal is not yet final or in effect but is still in the drafting process with updates to be expected in January 2026. More information is available here.

December 2025 Visa Bulletin Key Notes

The December 2025 Visa Bulletin shows some advancements from last month for employment-based categories for the final action dates. All employment-based categories for dates for filing remain unchanged, except for Certain Religious Workers and the fifth preference unreserved category.

The following final action dates advance slightly:

• EB-1: All countries remain current except for China, which advances by 1 month to January 22, 2023, and India, which advances by 1 month to March 15, 2022
• EB-2: All countries advance by two months to February 1, 2024, except for China, which advances by two months to June 1, 2021, and India, which advances by six weeks to May 15, 2013.
• EB-3: All countries advanced by two weeks to April 15, 2023, except for China, which advances by one month to April 1, 2021, and India, which also advances by one month to September 22, 2013.
• Certain Religious Workers: All countries changed from unauthorized to September 1, 2020.
• EB-5: All countries remain current in December, except for China, which advances seven months to July 15, 2016, and India, which advances by five months to July 1, 2021.

More Immigration News

• DHS Ends EAD Automatic Extension – As of October 30, 2025, individuals filing to renew their EADs will no longer receive an automatic extension of their employment authorization. Once an EAD expires, applicants must stop working until USCIS issues a renewed card. Employers will be required to verify valid and unexpired EADs before allowing continued employment. See our T&R News Alert here.
• Guidance on the $100K H-1B Filing Fee – The $100K filing fee applies to new H-1B petitions submitted after 12:01AM EDT on Sept. 21, 2025 on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa, and new H-1B petitions filed on or after Sept. 21, 2025 that request consular notification, port of entry notification, or pre-flight inspection for a foreign national in the U.S. See our T&R News Alert here.
• History Low Refugee Admissions Cap – The presidential determination set the refugee admissions cap at 7,500 for FY 2026, the lowest cap since the US refugee program was established in 1980. This determination prioritizes Afrikaners from South Africa.
• EB-5 Filing Fee – Following a recent court ruling, the USCIS has reverted to the previous, significantly lower filing fees for EB-5 petitions. The Form I-526 filing fee has dropped from over $11,000 back to approximately $3,675.