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- U.S. Travel Ban Expanded: Full and Partial Country List
- Gold Card Program: Speed vs. Stability
- States Challenge $100,000 H-1B Fee Proclamation
- California’s New “Stay or Pay” Restrictions
- Holiday Travel Alert: Visa Delays and Revocation Activity
- USCIS Updates Photo Requirements for Immigration Filings
- DOS Updates Visa Interview Scheduling Rules
- DHS Ends TPS Designation for Ethiopia
- DHS Ends Family Reunification Parole Programs
- Costa Rica Added to Global Entry Program
- DOL Updates PERM and Prevailing Wage Processing Times
U.S. Travel Ban Expanded: Full and Partial Country List
On December 16, 2025, the White House issued a major expansion of the U.S. travel ban, building on the Presidential Proclamation that first took effect on June 9, 2025. The update significantly broadens the number of countries subject to full travel bans and partial travel restrictions, impacting both immigrant and nonimmigrant visa processing.
The new travel ban will become effective at 12:01 am ET on January 1, 2026.
Countries with a Full Travel Ban
Nationals of the following countries are generally prohibited from entering the United States in all immigrant and nonimmigrant visa categories, subject to limited exceptions:
- Afghanistan
- Burkina Faso (newly added)
- Mali (newly added)
- Niger (newly added)
- South Sudan (newly added)
- Syria (newly added)
- Burma (Myanmar)
- Chad
- Republic of the Congo
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Laos (newly added)
- Libya
- Sierra Leon (newly added)
- Somalia
- Sudan
- Yemen
- Palestinian Authority–issued passport holders (treated as equivalent to a country ban)
This list reflects the original 12 full-ban countries included in the June 2025 proclamation, plus additional countries announced in December 2025.
Countries with Partial Travel Restrictions
These countries are subject to restrictions that typically suspend immigrant visas and select nonimmigrant categories (such as B, F, M, and J), but do not constitute a full entry ban:
- Angola (newly added)
- Antigua and Barbuda (newly added)
- Benin (newly added)
- Côte d’Ivoire (newly added)
- Dominica (newly added)
- Gabon (newly added)
- Gambia (newly added)
- Malawi (newly added)
- Mauritania (newly added)
- Nigeria (newly added)
- Senegal (newly added)
- Tanzania (newly added)
- Tonga (newly added)
- Zambia (newly added)
- Zimbabwe (newly added)
- Burundi
- Cuba
- Togo
- Turkmenistan
- Venezuela
Notably, Laos and Sierra Leone were previously subject to partial restrictions but have since been elevated to the full travel ban category under the December 2025 expansion and are therefore no longer listed here.
Key considerations:
- Restrictions are based on nationality and passport type, not country of residence.
- Full bans affect all visa categories; partial bans affect immigrant visas and select nonimmigrant visas.
- Waivers and exceptions remain limited and highly case-specific.
- Significant travel and visa processing disruptions are likely for affected nationals.
Impact: In-house global mobility teams should promptly identify affected employees and dependents, reassess travel and visa-stamping strategies, prepare for increased employee inquiries, disrupted assignments, and compliance planning as the expanded travel ban takes effect.
Gold Card Program: Speed vs. Stability
USCIS has formally launched the Gold Card immigrant visa program with the release of Form I-140G, created under Executive Order 14351, following a soft rollout and new online filing interface. Applicants must first register through trumpcard.gov and receive confirmation before USCIS will invite them to file Form I-140G via a USCIS online account. A separate Platinum Card program has been announced but is not yet available.
The Gold Card requires a minimum $1 million non-refundable contribution and a $15,000 filing fee per person, including the principal applicant and each dependent. Where a corporation or similar entity files on behalf of an individual, the required contribution increases to $2 million for the principal beneficiary plus $1 million per dependent, in addition to filing fees. Visa numbers will be allocated from EB-1 and EB-2 National Interest Waiver (NIW) categories, not EB-5, raising concerns about added pressure on already backlogged visa classifications.
Although public guidance suggests expedited processing, USCIS has provided limited clarity on actual timelines. While the program’s website indicates cases “should take weeks” once fees and applications are received, practitioners caution that processing could take much longer in practice, particularly due to quota constraints, increased scrutiny, and anticipated litigation. All grounds of inadmissibility apply, and heightened review is expected for source of funds and prohibited entity employment. No refunds are available, even if the program is later challenged or rescinded.
Key considerations and open risks:
- Program durability: Established by executive order with no statutory or regulatory framework; subject to legal challenge or revocation.
- Visa allocation: Gold Card cases draw from EB-1 and EB-2 NIW visa numbers, potentially extending existing backlogs.
- Cost structure: $1M non-refundable contribution per individual; $15,000 filing fee per person; higher thresholds for corporate filers.
- Family impact: Separate contribution and filing required for each dependent.
- Processing uncertainty: Limited clarity on timelines despite promises of expedited adjudication.
- Adjustment uncertainty: Form language suggests consular processing only, which may restrict work authorization and travel during adjudication.
- Compliance scrutiny: All inadmissibility grounds apply; increased focus on source of funds and restricted entities.
- Litigation exposure: Legal challenges anticipated; no refund protection for applicants.
The administration has also announced a forthcoming Trump Platinum Card, requiring a $5 million contribution and a $15,000 processing fee, which would allow eligible applicants to spend up to 270 days per year in the U.S. without U.S. tax on non-U.S. income. Eligibility, filing mechanics, and long-term durability remain unclear.
Impact: For in-house global mobility teams, the Gold Card introduces elevated legal, quota, and employee-advisory risk. Until statutory durability, visa allocation impact, and adjustment mechanics are clarified, the program should be positioned cautiously and evaluated only for narrowly tailored cases, with clear risk disclosure and alternative pathways identified.
States Challenge $100,000 H-1B Fee Proclamation
On December 12, 2025, 20 U.S. states filed a federal lawsuit challenging the September 19 Presidential Proclamation and related agency policies that impose a $100,000 fee on certain H-1B petitions. The case, filed in federal court in Massachusetts, is the third legal challenge to the proclamation and fee structure.
The challenged policy bars approval of H-1B petitions filed after September 20, 2025 that are filed for, or only approvable through, consular notification, unless the employer pays the $100,000 fee, obtains a national interest exception, or the employee is otherwise exempt. The plaintiff states argue that the policy violates the Administrative Procedure Act due to lack of notice-and-comment rulemaking, exceeds agency authority by imposing fees unrelated to administrative costs, and is arbitrary and capricious. The lawsuit also raises constitutional separation-of-powers concerns.
The plaintiff states are Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. Defendants include the Departments of Homeland Security, State, Labor, and Justice.
This lawsuit follows two earlier challenges to the same proclamation, including one filed by the U.S. Chamber of Commerce, which is seeking a preliminary injunction to temporarily block enforcement of the fee. A district court hearing on that injunction is scheduled for December 19, 2025.
Impact: Ongoing court challenges leave the $100,000 H-1B fee in flux, requiring in-house teams to plan conservatively for consular H-1B filings and remain ready to adjust strategy as court decisions emerge.
California’s New “Stay or Pay” Restrictions
Starting January 1, 2026, California’s AB 692 sharply restricts employers from requiring employees or candidates to repay employer-funded costs if they leave or don’t start employment. This includes provisions commonly used in mobility programs, such as repayment of immigration, visa, relocation, training, tuition, and certain sign-on or retention bonuses tied to a service period. The law applies to new contracts entered into on or after January 1, 2026, and allows employees or applicants to bring civil actions, with potential penalties of actual damages or $5,000 per violation, plus attorneys’ fees. While limited exceptions exist, the default in California is now a broad prohibition on “stay or pay” arrangements.
Even outside California, similar repayment provisions are constrained by state wage laws and the FLSA, including minimum wage, overtime, and exempt salary-basis rules, making enforcement risky in many jurisdictions.
Impact: This law shifts away from cost-recovery models, limiting repayment of immigration and relocation expenses for California-based employees and increasing the need for compliant, upfront benefit design and closer coordination with employment counsel.
Holiday Travel Alert: Visa Delays and Revocation Activity
The Alliance of Business Immigration Lawyers (ABIL) is reporting significant winter travel disruptions affecting H-1B and H-4 visa holders, driven by expanded social media and online presence screening and heightened security review. U.S. consulates, particularly in India, have canceled or rescheduled many visa appointments, creating widespread uncertainty for travelers.
Attorneys have confirmed that December 2025 H-1B and H-4 appointments in Hyderabad and Chennai are being pushed into March, April, May 2026, or later, with additional delays expected at other posts. Screening requirements have caused confusion among applicants, and consular officials in India have cited concerns that 70–80% of cases involve fraud, contributing to increased scrutiny and reduced appointment capacity.
Separately, the Department of State has initiated visa revocation actions for some H-1B visa holders based on prior arrest history, including arrests dating back several years. While visa revocation does not automatically terminate lawful U.S. status, it can prevent reentry and significantly increase travel risk.
Key takeaways:
- Severe appointment delays: India visa stamping now extending well into mid-2026.
- Expanded screening: Social media and online presence checks slowing adjudications.
- Heightened scrutiny: Fraud concerns driving stricter review at consular posts.
- Revocation risk: Prior arrest history may trigger visa cancellation.
- Travel caution: Employees should confirm appointments before departure and avoid non-essential travel.
Impact: In-house global mobility teams should treat international travel, especially to India, as high risk this winter and early 2026, reinforce pre-travel approvals, and proactively counsel H-1B and H-4 employees to plan for extended delays or postpone discretionary travel where possible.
USCIS Updates Photo Requirements for Immigration Filings
USCIS issued new guidance on December 12, 2025, effective immediately, limiting the age and type of photographs that may be used for many immigration applications. In most cases, photos used to produce immigration documents may not be more than three years old, though USCIS retains discretion to require a newer photo even when an existing image is available.
For certain filings, USCIS will require a new photograph and new biometrics regardless of when the last photo was taken, including applications to replace permanent resident cards, applications to register permanent residence or adjust status, and applications for naturalization or certificates of citizenship. USCIS also confirmed that self-submitted photos will no longer be accepted; only photos captured by USCIS or other authorized entities may be used.
Impact: In-house global mobility teams should expect additional biometrics appointments, longer case timelines, and potential filing delays, and should proactively set employee expectations around new photo and biometrics requirements when planning applications or renewals.
DOS Updates Visa Interview Scheduling Rules
On December 12, 2025, the Department of State (DOS) updated its instructions for all nonimmigrant and immigrant visa applicants scheduling consular interview appointments, reinforcing stricter location requirements tied to nationality and residence.
For nonimmigrant visas, applicants are expected to schedule interviews at a U.S. embassy or consulate in their country of nationality or residence. Nationals of countries where the U.S. is not conducting routine nonimmigrant visa operations must apply at a designated embassy or consulate, unless they are lawfully residing in another country.
For immigrant visas, applicants must generally interview in the consular district designated for their place of residence, or in their country of nationality if requested, with limited exceptions. Applicants residing in countries where routine visa operations are paused must apply at their designated immigrant visa processing post, unless they hold nationality in a country where routine processing continues. DOS has published a list of designated processing posts to guide applicants.
Impact: These changes limit third-country visa processing options and may require earlier, more deliberate travel and appointment planning by in-house teams to avoid scheduling errors and case delays.
DHS Ends TPS Designation for Ethiopia
On December 12, 2025, the Department of Homeland Security (DHS) announced the termination of Temporary Protected Status (TPS) for Ethiopia. Ethiopian nationals who do not have another lawful basis to remain in the United States have 60 days to voluntarily depart the country.
DHS indicated that after February 13, 2026, it may arrest and deport Ethiopian nationals who remain in the U.S. without status following the TPS termination. DHS is encouraging affected individuals to use U.S. Customs and Border Protection’s CBP Home Mobile App to report their departure and self-deport. DHS stated that use of the app may include a complimentary plane ticket, a $1,000 exit bonus, and potential eligibility for future lawful immigration options.
Impact: This change may affect employees or family members relying on TPS, requiring timely outreach, careful counseling on alternative pathways, and thoughtful support as departure or status changes are considered.
DHS Ends Family Reunification Parole Programs
On December 12, 2025, the Department of Homeland Security (DHS) announced the termination of all categorical Family Reunification Parole (FRP) programs for nationals of Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, as well as their immediate family members. DHS stated it is returning parole determinations to a case-by-case basis.
Individuals who were paroled into the United States under an FRP program and whose parole has not expired by January 14, 2026, will have their parole terminated on that date unless they have a pending Form I-485 (application to register permanent residence or adjust status) that was filed by December 15, 2025 and remains pending on January 14, 2026. For those with a timely filed and pending I-485, parole will remain valid until either the parole period expires or DHS issues a final decision on the application, whichever occurs first. If the I-485 is denied, parole will terminate immediately and the individual is expected to depart the United States.
DHS also confirmed that termination of parole under the FRP programs will result in revocation of employment authorization tied to that parole. Affected individuals will receive individual notice of parole termination and employment authorization revocation.
Impact: The termination of FRP programs creates immediate compliance considerations, requiring in-house teams to confirm eligibility to remain and work in the U.S. and to prepare for employment authorization revocation where adjustment filings are not in place.
Costa Rica Added to Global Entry Program
U.S. Customs and Border Protection (CBP) has announced that qualified citizens of Costa Rica are now eligible to apply for the Global Entry Trusted Traveler Program, expanding the list of participating partner countries. Approved members receive expedited immigration and customs clearance when entering the United States at participating airports. Costa Rica joins existing Global Entry partner countries including Argentina, Australia, Brazil, Germany, India, Japan, Mexico, Singapore, the United Kingdom, and others.
Costa Rican citizens seeking Global Entry must create an account on CBP’s Trusted Traveler Programs (TTP) website, submit an online application, and pay a $120 non-refundable fee. Applicants are subject to background checks and an in-person interview with CBP. Once approved, Global Entry membership is valid for five years, though violations of program rules may result in revocation.
Enrolled Costa Rican Global Entry members may also be eligible for TSA PreCheck, allowing for expedited security screening at participating U.S. airports.
Impact: This update creates an opportunity for eligible Costa Rican employees and business travelers to streamline U.S. entry and airport security processing, potentially reducing travel friction for frequent travelers.
DOL Updates PERM and Prevailing Wage Processing Times
The Department of Labor (DOL) has released updated processing time data for PERM labor certification and prevailing wage determinations (PWDs) as of December 1, 2025, confirming continued backlogs across labor filings. DOL is currently conducting analyst review for PERM applications filed in July 2024 or earlier and audit review for applications filed in November 2024 or earlier, while reconsideration requests submitted in August 2025 or earlier remain under review.
For prevailing wages, DOL is issuing PERM PWDs filed in July 2025 (OEWS-based) and April 2025 (non-OEWS-based), as well as H-1B PWDs filed in July 2025 (OEWS-based) and May 2025 (non-OEWS-based). The agency is also working through PERM and H-1B prevailing wage redeterminations requested in July 2025, along with PERM Center Director Reviews submitted in October 2025. Detailed timelines are available on the DOL FLAG page.
Processing delays may be further exacerbated by operational constraints. Labor filings submitted with the $100,000 fee have reportedly not yet seen adjudications, and a 33-day DOL closure resulted in a buildup of mail-filed cases that are now being manually entered, adding pressure to an already strained system.
Impact: Ongoing DOL backlogs and operational delays are likely to extend PERM and PWD timelines, reinforcing the need for early case initiation, conservative planning assumptions, and proactive communication with employees regarding green card and H-1B processing expectations.
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