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• CBP Proposes Major Expansion of ESTA Data Collection
• DOS Expands Social Media Review to All H-1B and H-4 Applicants
• Holiday Travel Advisory for International Travelers
• DOL Released Updated PERM Processing Times
• USCIS Reduces EAD Validity from 5 Years to 18 Months
• Supreme Court to Review Executive Order Ending Birthright Citizenship
• USCIS Policy Manual Update on Discretionary Analysis
• Trump Administration Launches “Gold Card”
• Dual Nationality: U.S. Entry and USCIS Adjudication Holds

CBP Proposes Major Expansion of ESTA Data Collection

U.S. Customs and Border Protection (CBP) is proposing substantial changes to the Visa Waiver Program/ESTA Application that would significantly expand the amount of personal, historical, and digital information travelers must provide.  

A Federal Register notice published on December 10 launches a 60-day public comment period. After review and approval by the Office of Management and Budget, CBP could begin rolling out the changes in phases over the following weeks and months. 

What’s Changing: CBP is proposing to require far more detailed personal history and mandatory social media disclosure, including: 

• Mandatory social media review: ESTA applicants would be required to list five years of social media handles, a shift from optional to mandatory disclosure. 
• Expanded personal and family data – new required fields (if finalized) would include:
  • Phone numbers used in the past 5 years 
  • Email addresses used in the past 10 years 
  • IP address data and photo metadata 
  • Family members’ names, dates/places of birth, residences, and phone numbers 
  • Biometrics: face, fingerprint, iris scans, and potentially DNA 
  • Business contact information used over the past 5–10 years 
• Photo upload requirement: applicants would need to upload a live facial photo in addition to the passport image. 
• Mobile app will become the only application path: CBP plans to decommission the ESTA website for new applications, requiring all travelers to use the ESTA Mobile App. 
• Optional new departure-tracking feature that will register applicants as a “confirmed exit” in CBP systems using: 
  • Facial recognition  
  • Geolocation confirmation  
  • Liveness-detection software 

Impact: If implemented, these changes could significantly impact VWP/ESTA travelers and the workflows supporting them. In-house teams should expect longer processing times, increased scrutiny tied to employees’ digital footprints, and more detailed pre-travel data collection. The expanded requirements may raise privacy concerns and require updates to travel policies, communications, and employee training as CBP transitions to a mobile-app-only process. Overall, this marks a broader shift toward deeper identity and social-media–based screening in U.S. travel and immigration.

DOS Expands Social Media Review to All H-1B and H-4 Applicants

The Department of State’s decision to extend its online-presence and social-media review to all H-1B and H-4 applicants beginning December 15, 2025 has caused immediate disruption across consular posts. Overnight reports confirm that multiple U.S. consulates have cancelled or moved mid-December appointments into March 2026 or later, with additional cancellations expected as posts adjust operations. The expanded vetting requirements are reducing interview capacity, though biometrics appointments currently remain unaffected. 

Applicants with interviews on or after December 15 may see appointments cancelled or automatically reassigned, and H-1B/H-4 cases may undergo additional layers of officer review, extending adjudication timelines. Applicants receiving new appointment dates must reprint their confirmation letters and reschedule promptly if unable to attend the reassigned slot. 

Impact: Travelers should prepare for significant delays, monitor appointment notifications closely, and work proactively with employers and immigration counsel to assess visa validity, adjust travel plans, and mitigate reentry risks.

Holiday Travel Advisory for International Travelers

As the holiday season kicks off, international travelers should expect crowded airports, longer lines, and heightened security. A quick review of your travel documents and some advance preparation can help prevent delays, missed connections, or reentry issues, especially with several immigration updates now in effect for 2025. 

Before traveling, make sure your key documents are in order: 

• Check passport, visa, and entry document validity for the full duration of travel. 
• Many countries require six months of passport validity beyond your intended stay. 
• U.S. nonimmigrants are admitted for the shorter of passport validity or petition approval. 
• REAL ID enforcement (effective May 7, 2025) requires a REAL ID–compliant license or valid passport for domestic flights. 

Travelers should also take a few practical steps to avoid complications: 

• Carry all original immigration documents in your hand luggage. 
• Keep photocopies stored separately and leave a spare set with a trusted contact. 
• Prepare for longer security lines, additional questions, and possible secondary inspection. 
• Back up phones, laptops, and tablets: CBP may review digital devices during inspection. 
• Save emergency contacts, including immigration counsel, in a place you can access quickly. 

ESTA & Visa Waiver Program Travelers 

Travelers entering the U.S. under the Visa Waiver Program must secure ESTA authorization before departure. 
Key reminders: 

• The ESTA fee is $40 (as of September 30, 2025). 
• DHS recommends printing the ESTA confirmation page. 
• A new ESTA is required when the previous authorization expires or when biographical details change. 
• Travelers should submit ESTA applications at least 72 hours in advance to avoid last-minute issues. 

Temporary Workers & Other Nonimmigrants (H-1B, L-1, O-1, TN, etc.) 

Nonimmigrant workers should verify whether their visa allows reentry and whether it permits single or multiple entries. Many workers travel in December and January and may require visa stamping before returning to the U.S. Winter travel also coincides with reduced consular staffing and widespread holiday closures, both in the U.S. and abroad, creating significant delays in securing appointments. 

To reduce disruption: 

• Book consular appointments as early as possible. 
• Schedule interviews near the beginning of the trip to allow sufficient processing time. 
• Plan for possible administrative processing, which can extend timelines even further. 

Important Consular Processing Changes for 2025 

Several notable updates now affect visa applicants: 

• Mandatory home-country interview scheduling: All applicants must interview in their country of nationality or residence. 
• Expanded in-person interview requirements: Nearly all applicants, including children under 14 and adults over 79, must now appear in person. 
• Social media vetting: Certain visa categories require applicants to provide social media identifiers. 
• New H-1B payment rules: Some H-1B applicants may be subject to a $100,000 payment requirement and should verify whether it applies. 

Impact: Holiday travel, combined with new vetting measures, limited consular availability, and stricter documentation rules, creates greater potential for delays and reentry complications. Early planning is essential to avoid travel disruptions, especially for individuals needing new visas, traveling on single-entry documents, or subject to additional screening.

DOL Released Updated PERM Processing Times

The Department of Labor’s latest update shows that PERM and prevailing wage timelines remain significantly backlogged. While DOL has not formally refreshed its PWD posting since September, internal tracking indicates that PWDs filed in July 2025 are now being issued, averaging 6 months. This reflects slight improvement but continues to lengthen the front end of the PERM process. 

PERM adjudications remain slow. Analyst Reviews are working on July 2024 filings with an average processing time of 496 days (about 16–17 months), while Audit Reviews are at November 2024, and reconsideration requests are under review for August 2025. Taken together, most employers are seeing 24–30 months for a full PERM cycle from PWD initiation to adjudication. 

Impact: Employers should continue to plan PERM cases well in advance, especially for H-1B employees approaching maximum stay. Early PWD filing, early PERM initiation, and prompt responses to audits or RFIs remain essential to minimizing additional delay.

USCIS Reduces EAD Validity from 5 Years to 18 Months

USCIS has announced that, beginning December 5, 2025, the maximum validity period for many Employment Authorization Documents (EADs) will drop from five years back to 18 months. The change applies to both new and pending applications filed by refugees, asylees, applicants for asylum or withholding of removal, adjustment-of-status applicants, and individuals pursuing suspension of deportation, cancellation of removal, or NACARA relief. Any application filed, or still pending, on or after December 5 will be adjudicated under the new 18-month limit. 

This shift means impacted employees will need to renew their EADs more frequently, increasing application volume, employer reverification activity, and the risk of work authorization interruptions if USCIS processing times remain lengthy. Adjustment applicants who previously benefited from multi-year EAD/AP combo cards will see the greatest operational impact. 

Impact: Employers should encourage early filing (up to 180 days before expiration), review internal I-9 and tracking processes, and proactively communicate renewal expectations to affected employees. Monitoring pending EAD applications that will cross the December 5 effective date will also be essential to avoid surprises. 

Supreme Court to Review Executive Order Ending Birthright Citizenship

The Supreme Court has agreed to review Executive Order 14160, President Trump’s directive to end automatic birthright citizenship for children born in the United States to undocumented parents or temporary visa holders. The Order, originally issued January 20, 2025 and scheduled to take effect February 19, 2025, was quickly blocked by multiple courts, which reaffirmed longstanding precedent, including the landmark Wong Kim Ark decision interpreting the Fourteenth Amendment. After lower courts again ruled the Order unconstitutional, the Supreme Court announced on December 5 that it will hear the case, Barbara v. Trump, with arguments expected in spring 2026 and a decision anticipated by June or July. 

If the Court upholds the Order, the consequences would be immediate and far-reaching, potentially affecting documentation, identity verification, and benefits eligibility for thousands of U.S-born children. Possible outcomes include: 

• Delays or denials of passports and Social Security numbers for affected newborns 
• A new requirement for dependent visas for infants who no longer obtain citizenship at birth 
• Conflicting adjudications among DHS, DOS, SSA, and state agencies 
• Onboarding challenges for employers, including I-9 verification and benefits enrollment 
• Increased litigation and inconsistent state-level responses 
• Confusion for families navigating documentation, travel, healthcare, and childcare systems 

A ruling in favor of the Executive Order would mark the most significant change to U.S. citizenship law in over 150 years, introducing legal uncertainty and operational complexity across government and employer processes, particularly impacting foreign national families and employers who support them. 

Impact: Employers should prepare for potential escalations from employees, delays in newborn documentation, and disruptions to I-9 verification, onboarding, and benefits eligibility. Early coordination with counsel and proactive communication plans will be essential if the Court upholds the Order. 

WR Immigration will continue to monitor developments and share timely guidance. Please reach out to your WR team with any questions or for support navigating potential impacts on your employees or programs. 

USCIS Policy Manual Update on Discretionary Analysis

USCIS has expanded and clarified the list of factors it may consider when adjudicating discretionary immigration benefits. The earlier June 2025 guidance focused on traditional equities: family ties, hardship, community service, lawful residence, military service, taxes, rehabilitation, compliance with immigration laws, and adverse factors such as criminal history, fraud, or public safety concerns. 

The updated November 2025 guidance retains all core factors but significantly broadens the scope of discretionary review. Key additions include: 

New or Expanded Factors (Nov. 2025): 

• Ability to establish identity, including disclosure of aliases. 
• Whether the applicant has endorsed or supported anti-American views, including through social media. 
• Whether admission or parole was obtained in violation of applicable laws or policies at the time. 
• Consideration of country-specific vetting limitations or risk indicators. 
• Conduct inconsistent with nonimmigrant status or representations made at admission (e.g., unauthorized work or study). 
• Broader framing of “contribution to the good order and happiness of the United States.” 
• Continued emphasis on compliance with immigration laws, fraud indicators, and marriages entered to circumvent immigration rules. 

In short, the November update gives USCIS wider discretion to evaluate identity, intent, digital activity, country-specific risk factors, and ongoing compliance in addition to longstanding positive and negative equities. 

Impact: This expanded framework signals more rigorous discretionary review across benefit types. Employers should anticipate closer scrutiny of employees’ immigration histories, prior representations, online activity, and status compliance. Accurate documentation, clean status records, and early issue-spotting will be increasingly critical for cases requiring discretionary approval.

Trump Administration Launches “Gold Card”

The Administration has launched a new high-fee immigration pathway, the “Trump Gold Card,” which promises expedited permanent residency for foreign nationals who pay a $15,000 DHS fee plus a $1M contribution (or $2M if employer-sponsored), granting EB-1/EB-2–based green card status in “weeks.” A forthcoming “Platinum Card” would require a $5M contribution and allow up to 270 days per year in the U.S. without U.S. tax liability on foreign income.

While politically prominent, the program is likely relevant to only a narrow segment of elite talent, yet it may prompt employee questions, pressure around green card timelines, and requests for policy exceptions.

Impact: In-house mobility teams should prepare clear messaging, reaffirm equitable sponsorship frameworks, align internally on whether the company will participate, and monitor for regulatory clarity, as the long-term stability and legal durability of the program remain uncertain.

Dual Nationality: U.S. Entry and USCIS Adjudication Holds

Recent government updates have caused confusion about whether dual nationals are subject to the current USCIS adjudication pause affecting individuals from high-risk countries. Entry rules and adjudication rules operate independently, and each treats dual citizens differently.

Under the applicable Presidential Proclamation, dual nationals may enter the U.S. on the passport of a non-restricted country, for example, a Canadian–Iranian individual may enter freely using a Canadian passport.

However, USCIS’s adjudication hold still applies. The pause is triggered by country of birth or citizenship, with no exception for dual nationals and no connection to the passport used for travel. USCIS-filed benefit requests may be paused, while border-adjudicated TNs through CBP are not affected.

Impact: Global mobility teams should prepare for questions from dual-national employees, consider CBP processing for urgent cases, and communicate clearly that lawful entry does not remove USCIS processing holds tied to birth or citizenship.