FGI UPDATE: This Week’s Summary of U.S. and Global Immigration News

November 07, 2025

US Immigration Updates

DHS Ends Automatic Extension of Employment Authorization

The Department of Homeland Security (DHS) has issued a new rule ending the automatic extension of employment authorization documents (EADs) for certain aliens filing renewal applications. This change emphasizes thorough vetting and screening of applicants to protect public safety and national security. Under the new rule, effective for applications filed on or after October 30, 2025, automatic extensions will no longer be granted, though limited exceptions exist for cases provided by law or special notices, such as certain Temporary Protected Status (TPS) categories. DHS and U.S. Citizenship and Immigration Services (USCIS) are prioritizing background checks and the prevention of fraud while reinforcing that work in the United States is a privilege, not a right.

Key Points

Rule Change: The automatic extension of EADs for renewal applicants will end for most employment authorization categories starting October 30, 2025, requiring individuals to maintain valid work authorization without assuming extensions will occur.
Exceptions: Certain EAD extensions remain in effect, including those explicitly provided by law or Federal Register notices, particularly for TPS-related employment documentation.
Increased Vetting: USCIS will conduct more frequent background checks on aliens seeking employment authorization to detect potential fraud or individuals with harmful intent, enhancing national security protections.
Renewal Timing: Applicants are advised to file EAD renewals up to 180 days before expiration to avoid gaps in employment authorization, as delays may result in temporary lapses in work eligibility.
Official Statement: USCIS Director Joseph Edlow emphasized that the new rule shifts focus from convenience to safety, ensuring that proper vetting is completed before employment authorization is extended.
Scope: The rule does not retroactively affect EADs that were automatically extended before October 30, 2025.
Impact on Immigration Processing: More frequent vetting may slightly increase processing times for EAD renewals, and applicants should plan accordingly to avoid interruptions.
Fraud Prevention: By reviewing applicants’ backgrounds more often, USCIS aims to deter fraudulent filings and ensure that only eligible individuals receive work authorization.
Employer and Employee Coordination: Employers and employees should coordinate to monitor expiration dates, submit timely applications, and confirm work eligibility status.
Recordkeeping Requirements: Employers may need to enhance documentation and tracking procedures for EAD verification to ensure compliance with updated DHS policies.

What U.S. Employers Need to Know

Verification Responsibilities: Employers should verify that employees’ EADs are valid and should no longer rely on automatic extensions when reviewing work authorization documentation.
Potential Employment Gaps: Employers may encounter temporary lapses in employee work authorization if renewal applications are not filed in a timely manner, so monitoring expiration dates is critical.
Compliance Enforcement: Employers must ensure they comply with I-9 verification requirements and understand that failure to confirm valid work authorization could have legal consequences.
Employee Guidance: Employers may need to inform affected employees about the importance of timely EAD renewals and the consequences of working without proper authorization.
Updated Policies: Organizations should review and adjust internal HR and compliance policies to reflect the end of automatic EAD extensions and incorporate procedures for tracking renewals and verification.
Planning for Transition: Employers may need to implement internal reminders or tracking systems to proactively manage employees’ work authorization status and prevent unauthorized employment.
Non-Immigrant Visa Options: Employers should consider available non-immigrant employment visa options where available as an alternative to EADs. This is mostly targeted at employers who allow H-1Bs to lapse in favor of having the employees work on their adjustment of status (AOS)- based EADs.

The DHS rule ending automatic EAD extensions reflects a renewed focus on national security and fraud prevention while requiring careful planning from both employees and employers. Timely filing of renewals, diligent verification of work authorization, and updates to internal HR procedures are essential to avoid disruptions. By understanding these changes and taking proactive measures, U.S. employers can ensure compliance with federal regulations, maintain workforce stability, and support a secure and legally authorized employment environment.

U.S. Department of Labor Resumes Key Immigration Certification Processing Amid Shutdown

In the midst of an ongoing federal government shutdown, the U.S. Department of Labor (DOL) has announced that it is restarting the processing of certain temporary and permanent labor certification programs. These include applications for permanent labor certification (PERM) and seasonal/temporary worker programs, though some other filings remain paused. Employers and immigration counsel should take note of the resumed functions as well as the caveats that accompany them.

Key Points

Employers can access previously submitted or certified filings for review and download.
SeasonalJobs.dol.gov is also back online, providing access to temporary job postings under H-2A and H-2B programs.
Even though the system is back online, full operations at the Office of Foreign Labor Certification (OFLC) remain on hold pending appropriations — meaning new certifications, prevailing wage determinations, LCAs, and PERM filings may still face significant delays.
For new filings or those in process, we recommend documenting any impact caused by the shutdown.

DHS Proposes Sweeping Expansion in Biometric Collection and Use

In a newly published proposed rule, the U.S. Department of Homeland Security (DHS) proposes major amendments to its regulatory framework for the collection and use of biometrics in immigration-related contexts. The changes would require biometric submission from virtually all individuals who file or are associated with immigration benefit requests or other DHS-administered requests, regardless of age; define and expand “biometrics” to include DNA, palm prints, voice prints and other modalities; establish continuous and enhanced vetting of applicants and beneficiaries; and clarify DHS’s authority to reuse biometric data across agencies and functions.

Key Points

- Scope of Biometric Requirement Expanded: DHS proposes to require biometrics from any individual filing or associated with an immigration benefit request or other DHS-collection of information—and this would apply regardless of age unless exempted.
- Definition of Biometrics Broadened: The proposed rule defines “biometrics” to include not only traditional fingerprints, photographs, and signatures, but also DNA, palm prints, voice prints, and other modalities.

Continuous/Enhanced Vetting: DHS would move toward a regime of continuous immigration lifecycle vetting—requiring individuals who received benefits to submit biometrics when necessary and allowing reuse of previously collected biometric data.

Expanded Collection Authority on Arrest/Encounter: The rule proposes expansion of biometric collection authority when an alien is arrested or encountered by DHS (e.g., under removal or expedited removal authorities).

Good Moral Character Standards Adjusted: For certain categories such as self-petitioners under the Violence Against Women Act (VAWA) or applicants for T nonimmigrant status adjustment, DHS proposes changes to how good moral character is demonstrated, including biometric collection for those under 14.

DNA as a Biometric for Relationship Verification: The proposal includes codifying DHS’s authority to require, request or accept DNA to prove or disprove claimed genetic relationships—and treat raw DNA as a biometric modality.

Fee and Implementation Phasing: The rule proposes a phased-in approach, including updates to forms, biometric services fee collection, and rescheduling of biometric appointments.

Public Comment Period: Comments on the proposed rule are invited and must be submitted by January 2, 2026.

What U.S. Employers Need to Know

Vendor and Contractor Access Implications: Companies that contract with DHS or immigration agencies may face expanded biometric requirements for personnel or subcontractors who are non-citizens or have immigration benefit status.
Background Check Scope Broadens: Employers or staffing firms engaging foreign national employees should prepare for potential increases in biometric collection, which could affect timing, privacy obligations, and compliance.
Supply Chain and EB-5 Entities Impacted: Firms involved in the EB-5 Immigrant Investor Program or regional center investments may see additional biometric obligations for principals, beneficial owners, or investors.
Data Privacy and Handling Considerations: The broader definition of biometrics (including DNA, palm prints, voice prints) means companies handling biometric data must ensure robust data privacy, consent, storage, security, and disposal practices.
Form and Process Changes: Companies sponsoring foreign nationals, or relying on individuals subject to immigration filings, should monitor updates to forms, appointment processes and potential fees related to biometric submission.
Legal/Compliance Risk for Non-Submission: Failure to comply with biometric submission requirements may impair eligibility for immigration benefits for employees or stakeholders, potentially impacting workforce planning.
Prepare for Continuous Vetting: Organizations should be aware that biometrics may be collected not just at initial filing but as part of ongoing vetting—implications for long-term immigration status and corporate planning.

This proposed rule from DHS marks a significant shift in the agency’s biometric collection and use strategy—bringing virtually all immigration-related filings and associated individuals under a more expansive surveillance, identity-verification, and vetting regime. For companies engaged with foreign-national employees, immigration sponsorship, investor programs, or contractual work requiring immigration filings, the ripple effects could be substantial. Monitoring the rule’s finalization, preparing for upstream impacts, and bolstering biometric and data-related compliance practices will be key to staying ahead of the changes.

SOURCE: Federal Register, November 3, 2025: 90 FR 49062 – Collection and Use of Biometrics by U.S. Citizenship and Immigration Services – Content Details – 2025-19747

USCIS Enhances Voter Verification Systems

U.S. Citizenship and Immigration Services (USCIS) announced a major upgrade to its Systematic Alien Verification for Entitlements (SAVE) program, allowing states to verify voter citizenship status using only the last four digits of a Social Security number instead of the full nine digits. The enhancement, part of ongoing efforts under Executive Order 14248 to preserve the integrity of American elections, aims to make voter verification faster, more secure, and easier for states to implement.

Key Points

New Verification Capability: States can now confirm voter citizenship through SAVE using just the last four digits of a Social Security number, eliminating the need for the full SSN.
Support for Election Integrity: The change aligns with Executive Order 14248, Preserving and Protecting the Integrity of American Elections, which directs federal agencies to strengthen safeguards around voter eligibility.
Expanded SAVE Access: Agencies verifying voter rolls can now create SAVE cases without a Department of Homeland Security identifier or a complete Social Security number, streamlining operations.
Increased Use and Efficiency: SAVE Optimization has enabled over 46 million voter verification queries by state agencies and more than 110 million eligibility checks by federal agencies as of October 2025.
Massive Growth in Verification Activity: Combined with new benefit verification cases, SAVE has processed more than 205 million status verification queries in 2025—an eightfold increase from the 25 million conducted in 2024.
Limited but Growing State Participation: Currently, 26 states have signed or are finalizing memoranda of agreement to use SAVE for voter verification, with USCIS urging all states to participate.
Reinforcing Confidence in Elections: USCIS officials emphasized that the modernization strengthens confidence in the electoral process by ensuring that only U.S. citizens can vote in federal elections.

SOURCE: USCIS Newsroom, November 3, 2025: www.uscis.gov/newsroom/news-releases/uscis-enhances-voter-verification-systems

Forbes: New H-1B Rule Risks Making Skilled Foreign Workers Too Costly for U.S. Employers

According to Forbes, an upcoming rule proposed by the Trump administration could dramatically raise the cost of hiring foreign professionals through the H-1B visa program. By imposing a one-time $100,000 fee on new H-1B hires, the administration aims to favor higher-paid, “top-talent” positions. However, critics warn that the measure could make it nearly impossible for startups and smaller firms to afford global talent, leading to fewer opportunities, less innovation, and potential job shifts overseas.

Key Points

Massive fee increase: The proposed policy introduces a $100,000 fee for each new H-1B hire, replacing the current much lower application and processing costs. This marks one of the largest financial barriers ever proposed for employment-based immigration, drastically changing the cost-benefit calculus for U.S. employers.
Focus on “high-value” hires: Officials argue the rule will push companies to reserve H-1B visas for high-paid, senior-level positions rather than entry-level or support roles. The goal is to ensure that only the most specialized workers from abroad are hired — though critics say this could narrow the talent pool too far.
Impact on startups and smaller companies: For early-stage firms and small businesses, a $100,000 hiring fee may be unsustainable. These companies often rely on global talent for specialized skills or to scale rapidly, meaning the rule could stifle entrepreneurship and competition.
Vulnerability of major sectors: The technology, finance, and outsourcing industries would feel the rule’s impact most sharply. Firms that depend on steady inflows of skilled engineers, analysts, and IT professionals could see hiring costs skyrocket, potentially reducing project capacity and competitiveness.
Existing H-1B visa holders may be exempt: The rule is expected to apply primarily to new hires from abroad rather than renewals or transfers for workers already in the U.S. This distinction may provide temporary relief for employers with current H-1B staff but limit their ability to expand global hiring.
Large effect on Indian and other foreign nationals: Indian nationals account for roughly 70 percent of all H-1B approvals, making them the most affected group. The new fee could lead to a steep decline in Indian professionals seeking work in the U.S., redirecting talent to Canada, Europe, or Asia instead.
Possible offshoring and innovation cost: Higher hiring costs may encourage companies to shift jobs abroad or expand international operations rather than pay steep domestic fees. This could hurt the U.S. innovation ecosystem, as fewer foreign experts contribute to research, development, and startup growth within the country.
Legal and regulatory uncertainty: Immigration attorneys have raised concerns that the $100,000 fee may violate existing laws limiting visa charges to administrative expenses. If challenged in court, the rule could face delays or reversals, creating confusion for employers planning next year’s hiring cycles.

While the proposed H-1B rule seeks to prioritize American workers and reward high-skilled talent, its scale and cost could have unintended consequences. By pricing out smaller employers and discouraging foreign professionals, the policy risks reducing innovation, global competitiveness, and job creation in the U.S. Ultimately, the future of the H-1B program — and America’s position as a magnet for global talent — will depend on how policymakers balance economic protectionism with the need for innovation-driven growth.

SOURCE: Stuart Anderson, Forbes, www.forbes.com/sites/stuartanderson/2025/11/02/trump-immigration-rule-could-make-h-1b-visa-holders-too-costly-to-hire/

Global Immigration Updates

Sri Lanka Announces New Investor Visa Program

Effective immediately, Sri Lanka has launched a new Investor Visa program designed to encourage foreign investment and support the country’s economic growth. The program enables eligible foreign nationals to reside in Sri Lanka while managing their investments in key sectors such as information technology, tourism, and other approved industries.

Eligibility

The Investor Visa is available to:

Foreign nationals who meet the minimum investment requirements
The spouse and dependent family members of the main applicant

Investment Requirements

Applicants may choose between the following options:

USD 100,000 – eligible for a 5-year visa
USD 200,000 – eligible for a 10-year visa

Investment Process

Applicants must:

Open both an Inward Investment Account (IIA) and a Visa Program Foreign Currency Account (VPFCA) with a licensed commercial bank in Sri Lanka.
Transfer investment funds through these accounts before making investments in approved sectors or financial instruments.

Permitted Investment Types

Eligible investments under the program include:

Equity Investments – in Sri Lankan companies (minimum 10% of voting share capital), subject to local regulatory conditions.
Establishing Overseas Company Branches – registering and operating a branch office in Sri Lanka.
Debt Securities – in instruments (minimum five-year maturity) issued by the Government of Sri Lanka or the Central Bank.
Term Deposits – in local or foreign currency with licensed commercial banks.
Acquisition of Immovable Property – subject to compliance with Sri Lankan property laws.

Visa Fees

Annual fee: USD 200 per applicant (including spouse and dependents)

Ongoing Obligations

Visa holders must comply with all immigration, tax, and legal regulations in Sri Lanka.
Any significant changes to personal or investment details must be reported to the Department of Immigration and Emigration within two months.
The investment project will be reviewed every two years by the Department’s Investigation Division.

While the visa facilitates residence through investment, it is important to note that the investment itself does not guarantee a fixed or assured financial return. Any potential gains will depend on the type and performance of the chosen investment.

Additionally, the Investor Visa provides renewable long-term residency but does not automatically lead to permanent residence or citizenship in Sri Lanka.

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.

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