Highlights
- The Trump Administration has implemented a number of immigration policy changes and new regulations in recent weeks, including updates to the Diversity Visa Program, Temporary Protected Status, Employment Authorization Document automatic extensions and H-1B Proclamation Fee guidance, among others.
- This Holland & Knight alert provides an overview of these key changes and important details for companies to know in the current immigration landscape.
A closer look at significant immigration-related policy changes and new regulations implemented by the Trump Administration in recent weeks:
2027 Diversity Visa Program
The U.S. Department of State announced on Nov. 5, 2025, that it is in the process of implementing certain undisclosed changes to the upcoming Diversity Visa (DV) entry process and will announce the start date for the DV-2027 registration period when it's ready. The changes to be implemented are not expected to affect the visa application period for individuals selected under the DV-2027 program, which is to remain Oct. 1, 2026 to Sept. 30, 2027. For now, stakeholders await additional news and guidance from the State Department.
Temporary Protected Status (TPS)
TPS is an area that is often changing, but as of Oct. 3, 2025, TPS has been terminated for Afghanistan, Cameroon, Haiti (effective Employment Authorization Documents (EADs) valid through Feb. 3, 2026), Honduras, Nepal, Nicaragua and Syria (effective EADs valid through Nov. 21, 2025).
TPS remains active for Burma (Myanmar) (registration for eligible individuals remains open through Nov. 25, 2025), El Salvador (effective EADs valid through Sept. 9, 2026, and EADs auto-extended through March 9, 2026), Ethiopia (effective EADs valid through Dec. 12, 2025), Lebanon (effective EADs valid through May 27, 2026, and registration available through May 27, 2026), Somalia, South Sudan (effective EADs were valid through Nov. 3, 2025) and Sudan (designated extended through Oct. 19, 2026, and effective EADs through April 19, 2026).
TPS status for Venezuela continues to be the subject of ongoing litigation and was initially terminated, but then was restored on Oct. 3, 2025, by the U.S. Supreme Court through Nov. 7, 2025.
Cessation of Automatic Extension of EADs
The U.S. Department of Homeland Security (DHS) issued a final rule on Oct. 30, 2025, ending the 540-day automatic extension of EADs for eligible applicants who timely file renewal applications on or after Oct. 30, 2025. This is concerning to many stakeholders because the 540-day automatic extension provided the means pursuant to which businesses were able to continue to employ eligible workers when U.S. Citizenship and Immigration Services (USCIS) takes six months or longer to process such renewal applications.
Since workers under an EAD must have a valid EAD in hand to be authorized to work, employers will be faced with having to terminate valuable employees because USCIS has long delays in processing the underlying Forms I-765 (Application for Employment Authorization). As of Nov. 3, 2025, more than 900,000 EAD applications were pending with USCIS for more than six months and, as of June 3, 2025, 20 percent of all categories of EAD renewal applications were pending longer than six months.
$100,000 H-1B Proclamation Fee Updated Guidance
USCIS has provided additional guidance on implementation of the new $100,000 H-1B Proclamation Fee. The new $100,000 H-1B Proclamation Fee is required for every H-1B visa petition filed on or after Sept. 21, 2025, if 1) the beneficiary is currently outside the U.S. and does not have a valid H-1B visa; 2) the underlying H-1B visa petition requested consular notification of approval, when and if issued; or 3) USCIS approved the H-1B visa petition but denied the change of status or extension of status, or the beneficiary leaves the U.S. while the H-1B visa petition is pending processing by USCIS.
USCIS has confirmed that the new $100,000 H-1B Proclamation Fee is not applicable: 1) if the underlying H-1B visa petition was filed before 12:01 a.m. EDT on Sept. 21, 2025; 2) for petitions that request and for which USCIS grants a change of status, extension of status or amendment; 3) for visa issuance applications pursuant to an H-1B visa petition that was approved in accordance with No. 2 immediately above; or 4) if the admission to the U.S. is pursuant to a new H-1B visa issued based on an approved change of status, extension of status or amendment, or pursuant to a "current valid H-1B visa."
One of the primary concerns here, aside from the legality of requiring this new $100,000 H-1B Proclamation Fee, is whether USCIS will approve a visa petition but deny the change of status, extension of status or amendment request. Also noted is the ambiguity of the phrase "current valid H-1B visa" referenced in No. 4 above and the lack of guidance on the specific meaning and implication.
Payment of the new $100,000 H-1B Proclamation Fee must be paid online prior to submission of an applicable H-1B visa petition online using www.pay.gov, following instructions on the website. Submission of an H-1B visa petition requiring payment of this new fee without proof of payment will be denied, unless the submission qualifies for a national interest exception. To qualify for a national interest exception, a request must be submitted online to the DHS-designated email address with supporting evidence evidencing that 1) the underlying beneficiary's presence in the U.S. as an H-1B worker is in the national interest, 2) there is no "American" available to fill the underlying role, 3) requiring the petitioning employer to make the payment on behalf of the proposed foreign national employee would significantly undermine the interests of the U.S., and 4) the proposed foreign national employee does not pose a threat to the security of welfare of the U.S. There has been no guidance advising how to evidence a national interest exception and how to evidence a lack of available "Americans" to fill the proposed position.
New Immigration Parole Fee Required by H.R. 1 Reconciliation Bill
DHS announced on Oct. 15, 2025, the implementation of a new $1,000 parole fee effective Oct. 16, 2025, for any foreign national who is paroled into the U.S. unless he or she qualifies for one of 10 exceptions. If required, the fee is not paid when the parole application is submitted to USCIS, but DHS will collect the $1,000 fee after it determines in its discretion that the foreign national will be granted parole and the foreign national appears for inspection at a port of entry to enter the U.S. or is already physically present in the U.S. The 10 exceptions include certain instances involving a medical emergency and related treatment, the foreign national coming to the U.S. to visit a close family member whose death is imminent, the foreign national coming to the U.S. to attend a funeral for a close family member, or when the foreign national is an applicant for adjustment of status under Section 245 of the Immigration and Nationality Act (INA) – i.e., a green card application – and is returning to the U.S. after temporary travel.
Collection of Biometric Data Upon Entering and Exiting the U.S.
Effective Dec. 26, 2025, the DHS plans to start collecting biometric data (i.e., photographs and fingerprints) from noncitizens.
USCIS Requires Electronic Payment
As of Oct. 27, 2025, USCIS no longer accepts paper checks as payment for USCIS filing fees. Instead, all USCIS payments must be made electronically using Form G-1650 (Authorization for ACH Transactions) or Form G-1450 (Authorization for Credit Card Transactions), unless an exemption is available. A separate Form G-1650 or Form G-1450 must be filed for each USCIS filing fee required for a submission.
Public Charge Inadmissibility
USCIS published a Policy Memorandum on Sept. 4, 2025, reaffirming its strict adherence to statutory and regulatory language determining whether a Form I-485 green card applicant is inadmissible based on the ground of public charge. This Policy Memorandum does not change the law; rather, it is essentially a reminder that USCIS has the discretion to make a public charge determination based on the totality of the circumstances. When making its subjective determination, the USCIS officer considers factors such as the applicant's age, health, family status, assets, resources, financial status and education and skills, as well as an Affidavit of Support when legally required to consider and the foreign national's receipt of government benefits as defined by the regulation of public case assistance for income maintenance or long-term institutionalization at government expense.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
