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• State Department Broadens Health Review in Public Charge Determinations
• DHS Advances Plan to Expand Biometrics Collection and Continuous Vetting
• Holiday 2025 Travel Advisory
• Supreme Court Permits Enforcement of Passport Policy Reflecting Sex Assigned at Birth
• DHS Ends Temporary Protected Status for South Sudan
• State Department Delays Launch of DV-2027 Lottery Amid Planned Program Updates

State Department Broadens Health Review in Public Charge Determinations

The U.S. Department of State has reportedly instructed consular officers to take a broader view of an applicant’s health when determining whether they may become a “public charge” and therefore ineligible for a visa. The guidance expands consideration to a wider range of medical conditions, including common but manageable issues such as diabetes, asthma, high blood pressure, obesity, and mental health conditions, as potential risk factors.

Key points for in-house teams:

• Who’s affected: Primarily immigrant visa applicants processing green cards abroad; nonimmigrant visas largely unaffected unless medical history raises concern.
• What’s changing: Consular officers may now weigh chronic or costly health conditions more heavily in determining public charge and immigrant visa eligibility.
• Possible new requirements: Applicants could be asked for proof of employer-provided health insurance, financial documentation, or letters confirming ongoing employer support.
• Program implications: Cases involving employees or dependents with health conditions could see delays, added documentation requests, or inconsistent adjudications across consulates.

Recommended actions:

• Coordinate early with immigration counsel on immigrant visa cases.
• Ensure health coverage details and financial documentation are readily available.
• Communicate proactively with impacted employees to maintain trust and transparency.

Impact: For employers with Immigrant Visa applicant employees, they should prepare those employees for closer scrutiny on chronic medical conditions and to assemble a packet on insurance coverage of those conditions prior to the interview. 

DHS Advances Plan to Expand Biometrics Collection and Continuous Vetting

The Department of Homeland Security (DHS) has released a rule that would significantly expand how biometrics are collected, used, and retained for immigration purposes. If finalized, the rule would introduce ongoing biometrics screening throughout a foreign national’s stay in the United States, extending until they become U.S. citizens.

Key highlights:

• Expanded techniques: DHS would collect additional biometrics such as palm prints, facial and voice recognition, iris and retina scans, and DNA samples, alongside fingerprints and photos.
• Continuous vetting: Individuals granted immigration benefits (e.g., work authorization, permanent residence) would be subject to ongoing screening during their stay in the U.S.
• Broader coverage: The rule would apply not only to foreign nationals but also to U.S. citizens connected to an immigration filing, such as company signatories, sponsors, or dependents.
• No age limit: Biometrics could be collected from children under 14, eliminating current exemptions.
• Employer exposure: Company representatives signing petitions (e.g., Form I-140, Supplement J) may also be required to provide biometrics, though specifics remain unclear.
• EB-5 context: U.S. citizens and lawful permanent residents involved in Regional Center or EB-5 enterprises could be included in continuous vetting.
• Tighter controls: Missed appointments could only be rescheduled under “extraordinary circumstances,” a stricter standard than current rules.

The rule will be published on November 3, 2025, with a 60-day public comment period before finalization, a process that typically takes several months.

Impact: If finalized, this rule could create new compliance obligations for employers and employees, heighten data collection and privacy considerations. In-house teams should monitor developments closely and coordinate with counsel to prepare for potential process and documentation changes.

Holiday 2025 Travel Advisory

This winter travel season comes with added complexity for both foreign nationals and U.S. travelers. Ongoing REAL ID enforcement, evolving consular scheduling systems, and the continuing U.S. government shutdown are all contributing to longer processing times and unpredictable appointment availability. Early preparation and flexibility will be critical in the weeks ahead.

Travel Readiness Checklist

1. Confirm Travel Documents Early
Before finalizing holiday travel plans:

• Ensure passports are valid at least six months beyond the intended return date.
• Verify that visas, I-797 approvals, and other reentry documents remain valid.
• Expect longer wait times at consulates for visa renewals, even as some backlogs have improved.

2. Consular and Portal Changes
Many U.S. consulates have transitioned to new scheduling platforms, which may require travelers to create updated accounts or transfer existing profiles.

• Applicants must generally apply in their country of nationality or residence.
• Be aware of holiday closures and possible service reductions linked to the ongoing shutdown.

3. REAL ID Requirements for Domestic Flights
The TSA now enforces REAL ID for all travelers aged 18 and older. A valid U.S. passport remains an acceptable alternative for domestic air travel if a license is not compliant.

4. Government Operations and Service Delays
Most immigration functions funded by filing fees (e.g., USCIS) remain active, but State Department services connected to visa processing may be slowed.

• Ports of entry remain open, though travelers should plan for longer lines and inspection times.

5. Safety and Communication
Encourage employees to register in the Smart Traveler Enrollment Program (STEP) to receive security alerts and facilitate contact in emergencies abroad.

Impact: Year-end travel may be disrupted by staffing shortages, technical system updates, and shutdown-related delays. Mobility and HR teams should:

• Stay in close contact with immigration counsel to address urgent travel or reentry issues.
• Remind employees to verify documentation well in advance of travel.
• Build extra time into return-to-work timelines for those renewing visas abroad.

Supreme Court Permits Enforcement of Passport Policy Reflecting Sex Assigned at Birth

The U.S. Supreme Court has cleared the federal government to move forward with a policy requiring all new U.S. passports to list an individual’s sex assigned at birth. The November 6 decision in Trump v. Orr lifts a lower court injunction, allowing the January 20 executive order to take effect while litigation continues.

The Court reasoned that listing sex at birth “no more offends equal protection principles than displaying a person’s country of birth,” framing it as a factual record rather than a discriminatory classification. The State Department has acknowledged the ruling and is preparing implementation guidance, though details have not yet been released.

At a glance:

• The stay will remain in place while the case proceeds on appeal.
• New passports and Consular Reports of Birth Abroad (CRBAs) will reflect sex assigned at birth until further notice.
• The change reverses prior policy allowing self-selection of an “X” gender marker.
• Applicants with prior “X” designations may encounter document inconsistencies during travel or immigration processing.

Impact: In-house teams should stay alert for State Department updates, advise employees to review travel documentation, and coordinate with counsel on any record inconsistencies tied to gender markers.

DHS Ends Temporary Protected Status for South Sudan

On November 5, 2025, the Department of Homeland Security (DHS) announced the termination of South Sudan’s Temporary Protected Status (TPS) designation, effective January 5, 2026. A notice has been published in the Federal Register outlining the transition and related employment authorization details.

According to DHS and the Systematic Alien Verification for Entitlements (SAVE) program:

• Employment Authorization Documents (EADs) under categories A12 or C19 with expiration dates of November 3, 2025; May 3, 2025; or November 3, 2023 are automatically extended through January 5, 2026.
• Beneficiaries with these EADs do not need additional documentation—such as I-797 approval or receipt notices, to confirm work authorization during this period.
• SAVE will continue to verify TPS or pending TPS status using these existing records. In some cases, additional agency verification may be required.
• Individuals whose TPS has expired and who lack another valid immigration status will receive a “No Status” response through SAVE.
• Former TPS holders may still have other legal bases to remain or work in the United States, depending on individual circumstances or pending applications.

DHS also advised that South Sudanese nationals departing the United States should use the CBP One Mobile App to report their exit, a process that offers a complimentary flight, a $1,000 exit incentive, and the possibility of future lawful reentry opportunities.

Impact: Employers and in-house teams should review upcoming expirations for South Sudanese employees under TPS, confirm continued work authorization through January 5, 2026, and coordinate with counsel on next steps for affected individuals as the designation formally ends.

State Department Delays Launch of DV-2027 Lottery Amid Planned Program Updates

On November 5, 2025, the U.S. Department of State (DOS) announced that it is making unspecified changes to the Diversity Visa (DV) program and has postponed the launch of the DV-2027 registration period. The Department stated that it will announce a new start date and the timeline for Entry Status Check (ESC) results “as soon as practicable.”

According to DOS, the upcoming adjustments will not alter the visa application period for those ultimately selected for DV-2027, which will still run from October 1, 2026, through September 30, 2027. No explanation was provided for the delay, though observers suggest it may relate to ongoing reviews of eligibility or registration criteria, compounded by the ongoing federal government shutdown.

Impact: While the Diversity Visa program has limited direct impact on most employment-based immigration programs, in-house teams should note the delay as part of broader operational shifts within the State Department. Continued monitoring is recommended as registration changes may influence future visa processing timelines and eligibility standards.