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• DOL Resumes Application Processing
• DHS Ends Automatic EAD Extensions for Renewal Applicants
• DOS Policy on Immigrant Visa Interviews Now in Effect
• DHS Introduces $1,000 Parole Fee: Advance Parole Exempt
• EB-5 Regional Centers Must File Form I-956G by December 29, 2025
• USCIS Clarifies Impact of Federal Government Shutdown on H and CW Petitions
• Refugee Admissions Capped at 7,500 for FY 2026

DOL Resumes Application Processing

The U.S. Department of Labor (DOL) announced that the Office of Foreign Labor Certification (OFLC) has resumed processing prevailing wage determinations and labor certifications for both temporary and permanent employment after a month-long disruption. The Foreign Labor Application Gateway (FLAG) system is now fully operational, enabling users to submit new PERM, prevailing wage, and Labor Condition Applications (LCAs) and access pending case information. The public job registry, SeasonalJobs.dol.gov, has also been restored.

While new LCAs can now be prepared and submitted, DOL has not yet clarified when adjudications will resume or how it will handle PERM Form 9089 filings that could not be submitted between October 1 and 31. Historically, limited grace periods have been offered for applications with expired recruitment during similar outages.

Impact: The resumption of processing marks an important step toward normal operations, but backlogs and longer processing times are expected as OFLC clears pending requests. In-house immigration teams should anticipate possible delays in case timelines, maintain close coordination with counsel, and monitor for further guidance regarding late PERM filings and LCA adjudications.

DHS Ends Automatic EAD Extensions for Renewal Applicants

Effective October 30, 2025, the Department of Homeland Security (DHS) has eliminated the 540-day automatic extension of Employment Authorization Documents (EADs) for most renewal applicants who timely filed Form I-765. Under the new Interim Final Rule, affected individuals must now wait for USCIS to issue a new EAD before resuming employment—unless they qualify under another valid basis for work authorization.

Automatic extensions that were already in effect before October 30 remain valid, and certain categories, such as Temporary Protected Status (TPS), continue to receive extensions under separate provisions. Individuals who filed renewal applications before the effective date and can present both an expired EAD and a Form I-797C Receipt Notice are still covered under the previous 540-day rule.

DHS cited national security and vetting concerns as the basis for the change, acknowledging that the rule could cause work authorization gaps and operational strain for employers.

Impact: This change heightens the risk of work authorization gaps for employees awaiting EAD renewals. In-house HR and mobility teams should audit upcoming expirations, ensure employees file renewals well in advance, and work closely with immigration counsel to manage timing and compliance.

DOS Policy on Immigrant Visa Interviews Now in Effect

Effective November 1, 2025, the U.S. Department of State (DOS) now requires immigrant visa applicants to be interviewed in the consular district where they reside, or in their country of nationality if requested, with only limited exceptions.

Applicants from countries where routine visa services remain suspended must apply through their designated immigrant visa processing post, unless they hold nationality in a country with active operations. DOS also published a list of designated posts for impacted regions.

Key updates include:

• Existing appointments will generally not be rescheduled or canceled.
• Post-to-post transfers must be requested through the National Visa Center’s Public Inquiry Form, not directly with a consulate.
• Residence verification may be required if an applicant requests an alternate interview location.
• Exceptions are limited to humanitarian, medical, or foreign policy reasons.
• Diversity Visa applicants under the DV-2026 program are subject to the same rules.

Impact: The new policy reduces flexibility in scheduling immigrant visa interviews, which may affect applicants living outside their home country or in areas with limited consular services. In-house teams should verify interview locations early, anticipate possible delays, and ensure employees and dependents understand the new requirements.

DHS Introduces $1,000 Parole Fee: Advance Parole Exempt

Effective October 16, 2025, the Department of Homeland Security (DHS) will impose a $1,000 fee for parole granted under INA §212(d)(5)(A). The fee applies to most parole types, including parole-in-place, re-parole, and humanitarian parole, but does not apply to Advance Parole associated with a pending Adjustment of Status (Form I-485).

For most corporate immigration programs, this change will have minimal impact. Advance Parole, commonly used by employees with pending employment-based or family-based green card applications, remains fully exempt. However, other parole categories outside the Adjustment of Status context will now require separate payment after approval, in addition to standard USCIS filing fees.

Impact: While primarily affecting humanitarian and non-employment parole requests, employers should still review active cases to confirm whether Advance Parole exemptions apply, ensure internal cost tracking reflects the new rule, and communicate proactively with employees whose travel may involve other parole types.

EB-5 Regional Centers Must File Form I-956G by December 29, 2025

USCIS requires all EB-5 Regional Centers designated before September 30, 2025 to submit Form I-956G (Regional Center Annual Statement) by December 29, 2025, as part of annual compliance under the EB-5 Reform and Integrity Act of 2022. This filing verifies each Regional Center’s continued eligibility and activity within the EB-5 program.

Form I-956G must include key operational data and an Attachment 1 for each new commercial enterprise (NCE) with active EB-5 investors, documenting invested capital, fund deployment, job creation progress, and all fees collected through the end of FY 2025. Missing or incomplete submissions may result in termination of Regional Center designation, penalties, and loss of investor confidence.

Impact: The filing requirement reinforces the federal government’s emphasis on accountability and transparency across EB-5 operations. While primarily affecting Regional Centers, in-house teams supporting executives, investors, or projects tied to EB-5 funding should confirm that partners are compliant, as lapses could delay investor immigration processes or affect project credibility.

USCIS Clarifies Impact of Federal Government Shutdown on H and CW Petitions

USCIS confirmed it will continue processing H-1B, H-2A, H-2B, and CW-1 petitions during the federal government shutdown. However, the agency noted that the shutdown may delay employers’ ability to obtain required Department of Labor documentation, such as Labor Condition Applications or Temporary Labor Certifications, needed to file Form I-129 petitions.

If an employer can show that the shutdown directly prevented timely filing, USCIS may consider it an “extraordinary circumstance” and excuse the delay. In-house mobility and immigration teams should review time-sensitive cases, especially upcoming extensions and start dates, and keep records of filing attempts or communication with DOL. Close coordination with counsel and proactive communication with employees will help reduce risk and maintain compliance.

Impact: This development may create short-term delays in processing and increase pressure on HR and immigration teams to track cases closely, document disruptions, and communicate early with stakeholders. Employers should anticipate potential timing challenges and remain alert for additional USCIS updates as the situation evolves.

Refugee Admissions Capped at 7,500 for FY 2026

A Presidential Determination issued on October 30, 2025, limits refugee admissions for Fiscal Year 2026 to 7,500, the lowest ceiling since the U.S. Refugee Admissions Program was established in 1980. The policy also prioritizes Afrikaners from South Africa and other individuals claiming persecution or discrimination in their home countries, under Executive Order 14204.

The determination follows the May 2025 admission of 49 Afrikaners as refugees and reflects a continued focus by the administration on this specific population. For comparison, the previous fiscal year’s refugee ceiling was 125,000, highlighting a dramatic reduction in U.S. humanitarian admissions and signaling a significant policy shift in global resettlement priorities.

Impact: The reduced admissions cap narrows access to U.S. refugee programs and may lengthen processing times for humanitarian cases. While corporate immigration programs are unlikely to be directly affected, in-house teams should remain aware of evolving refugee and parole policies that could influence future case strategies or employee-dependent pathways.