Immigration Updates

 

Expanded Holds and Reviews on Benefit Applications with USCIS 

On January 1, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum. Effective immediately, the memorandum directed its personnel to implement the following actions: 

• Place a hold on all pending benefit applications, for aliens from countries listed in the Presidential Proclamation 10998. This hold applies regardless of the individual’s date of entry to the U.S. 

• Conduct a comprehensive review of all current policies, procedures and screening and vetting processes for benefit requests for aliens from the above listed countries 

• Conduct a comprehensive re-review of approved benefit applications implicated in the above Presidential Proclamation that were approved on or after January 20, 2021. 

This memo places an immediate adjudicative hold on all pending and any future benefit applications with USCIS filed by/for individuals connected to the updated countries listed in the Presidential Proclamation 10998. The affected applications include, but not limited to, Form I-129, Form I-140, Form I-539, and Form I-765. Applicants should expect longer processing times, potential evidence requests, and possible in-person interviews. This may cause delays in and gaps between employment, status, and benefits. Please consult the ISSO or your immigration attorney for any questions or concerns. 

New Travel Restrictions for Entry to the U.S. 

On December 16, 2025, the U.S. government announced new travel bans, taking effective on January 1, 2026, that will affect the ability of citizens of certain countries to enter the U.S. The proclamation is an update to the earlier travel restrictions announced in June 2025 and places a full or partial ban on the following countries: 

• Full Travel Ban (19 Countries, for immigrants and nonimmigrants): Afghanistan, Burkina Faso, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. The full travel ban also applies to any individuals who seek to travel on any travel documents issued or endorsed by the Palestinian Authority. 

• Partial Travel Ban (20 Countries, for immigrants and B/F/M/J visa holders): Angola, Antigua and Barbuda, Benin, Burundi, Cote d'Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Turkmenistan (immigrants only), Venezuela, Zambia, and Zimbabwe.  

The ban provisions are applicable only to nationals of the subject country who are outside the U.S. without a valid visa on January 1, 2026. Please read the Presidential Proclamation in detail and exercise caution with international travel.

U.S. Department of Homeland Security’s Termination of TPS

On October 3, 2025, the U.S. Supreme Court granted a request to end Temporary Protected Status (TPS) for Venezuelan nationals, allowing the Secretary of Homeland Security to immediately terminate the protections. Since early 2025, the Department of Homeland Security has ended TPS designations for several countries, including Afghanistan, Cameroon, Haiti, Honduras, Nepal, Nicaragua, and Syria, with specific termination dates.

Please review the details and check the current list of TPS-designated countries on U.S. Citizenship and Immigration Services website.

Presidential Proclamation Affecting New H-1B Visa Applications 

On September 19, 2025, the White House released a Presidential Proclamation, effective on September 21, 2025, announcing restrictions on the admission of new H-1B workers into the U.S., unless their petitions are accompanied by a $100,000 supplemental payment to the U.S. government. This applies to the 2026 lottery, and any other H-1B petitions submitted after 12:01 AM EST on September 21, 2025. 

On September 20, 2025, the Department of Homeland Security (DHS) shared additional guidance on this proclamation. 

On September 21, 2025, U.S. Citizenship and Immigration Services (USCIS) provided further explanation on the Alerts page with an H-1B FAQ. 

We will continue to closely monitor and evaluate the implications of the proclamation and share with our TU community as more information becomes available.

Nonimmigrant Visa Applications Must Be Made in Country of Residence  

On September 6, 2025, the Department of State updated its instructions for all nonimmigrant visa applicants scheduling visa interview appointments:  

•  Applicants for U.S. nonimmigrant visas (NIV) 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. 

Please check the Designated Locations for Nonimmigrant Visa Processing if the U.S. government is not conducting routine visa operations in your country of residence and the respective embassy/consulate websites for details regarding the new residence requirements, refund policies for fees paid, and appointment availabilities.  

U.S. Department of Homeland Security’s Proposal on Eliminating “Duration of Status”

On August 28, 2025, the U.S. Department of Homeland Security proposed a new rule to amend its regulations by changing the admission period in the F and J visa classifications from “Duration of Status” to an admission for a fixed time period. Public commenting period ended on September 29, 2025. 

Details of the proposed rule were published on the Federal Register. We will share more updates with the TU community when more information is available.

U.S. Department of State’s Adjustment of Validity of New Visas  

On July 8, 2025, the Department of State reduced the visa validity parameters to “3 months and a single entry” for various nonimmigrant visa classifications, including F and J, issued after that date.

Please check the DOS Visa Reciprocity Table for the most up-to-date U.S. visa information for your home country and visa classification.

New Travel Restrictions  

On June 4, 2025, the White House released a Presidential Proclamation, announcing new travel restrictions that, effective on June 9, 2025, will affect citizens of certain countries to enter the U.S. 

• Full Travel Ban: The proclamation fully restricts and limits the entry of nationals of the following 12 countries: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. The full ban applies to both immigrants and nonimmigrants. 

• Partial Restrictions: Partial restrictions and limitations on the entry to the U.S. apply to the following 7 countries:  Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. The partial restriction applies to citizens of the above countries under specific visa categories, including F and J visas. 

Th above bans apply only to nationals of the subject countries who are outside of the U.S. without a valid visa as of June 9, 2025. 

U.S. Department of Homeland Security’s Rule on New Registration Requirements

On January 20, 2025, the President Executive Order Protecting the American People Against Invasion directed the Department of Homeland Security to enforce existing statutory registration and fingerprinting requirements for noncitizens in the U.S.  

On March 12, 2025, the Department of Homeland Security published an Interim Final Rule reinforcing and amending the requirement that foreign nationals register and be fingerprinted if they intend to remain in the U.S. for more than thirty days. The rule became effective April 11, 2025.

According to the IFR, foreign nationals, who entered the U.S. at age 14+ and completed the biometric information collection process associated with a U.S. visa application at an Embassy/Consulate abroad or certain applications approved by U.S. Citizenship & Immigration Services, have complied with the requirement. However, foreign nationals who entered the U.S. before age 14 needed to “re-register”, even if they were previously registered when entering the country.

All nonimmigrants and lawful permanent residents in the U.S. are required to carry their “evidence of registration” document at all times and report any change of address within ten days. It is highly recommended all foreign nationals carry a printout of the I-94 Arrival-Departure Record, which can be downloaded for free at the CBP official website.