U.S. Immigration Alerts

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

US Immigration Updates 

Fakhoury Global Immigration Named ‘Best Law Firm’ for 2026 by Best Lawyers

Fakhoury Global Immigration is pleased to announce that our firm has been named as a Best Law Firm for Immigration Law for 2026 by Best Lawyers. 

Best Law Firms® rankings celebrate firms that have consistently demonstrated excellence in legal expertise and industry knowledge. Each firm included has been rigorously evaluated based on client feedback, peer recommendations, leadership interviews, and the depth of their practice. The result is a comprehensive guide for businesses and individuals seeking top-tier legal counsel in the United States.

Best Lawyers is a peer-reviewed publication that has been a trusted source for identifying top legal talent in the United States since 1983. It highlights attorneys who have attained a high degree of peer recognition and professional achievement. The publication uses a rigorous multi-stage process to select attorneys, ensuring that the recognition is based on their exceptional skills, integrity, and outstanding client service. Lawyers cannot pay to be listed, making the recognition a true honor. The publication also provides a comprehensive list of top law firms across various practice areas, helping clients and businesses connect with legal excellence they can trust. 

SCOTUS Allows Enforcement of Passport Policy Requiring Birth-Sex Designation

On November 6, 2025, the Supreme Court of the United States (SCOTUS) granted the federal government’s motion to stay a lower court injunction that had temporarily blocked enforcement of the January 20 executive order mandating that all new U.S. passports list an individual’s biological sex at birth. The stay permits the government to move forward with the implementation of the order while the underlying case continues on appeal.

Key Points

• Likelihood of Success: The Court found that the federal government’s legal position is likely to prevail, noting that the State Department’s adherence to presidential directives was consistent with congressional mandates.
• Effect of the Stay: The ruling lifts the lower court’s injunction, allowing the federal government to enforce the January 20 executive order while litigation continues.
• Background: Earlier in 2025, the State Department issued new guidance eliminating the “X” gender marker on U.S. passports and Consular Reports of Birth Abroad (CRBAs). The U.S. District Court for the District of Massachusetts had issued a preliminary injunction blocking that policy in June, and the First Circuit Court of Appeals later declined to stay that injunction.

This decision by SCOTUS effectively reinstates the government’s authority to enforce the new passport designation policy pending final resolution of the case.

SOURCE: travel.state.gov/content/travel/en/passports/passport-help/sex-marker.html

OFLC Announces Extensions and Emergency Procedures of Certain Application Processing Actions Affected by the Government Shutdown

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has announced temporary measures to address disruptions caused by the October 2025 government shutdown, which halted application processing and suspended access to the FLAG system and SeasonalJobs.dol.gov from October 1 through October 31, 2025. These steps aim to minimize the impact on employers who were unable to submit or respond to labor certification filings during this period.

Key Points

• Processing Resumed and FLAG Access Restored: OFLC resumed normal operations on November 3, 2025, and will manually enter all mailed or couriered submissions postmarked between October 1 and November 2 into the FLAG system. Employers will receive case numbers and processing notifications once entered.
• Filing Dates Preserved: Any mailed or couriered submission will be considered filed as of its postmark date. Email submissions will be treated as received on the date sent.
• Automatic 33-Day Extension for Responses: All employer responses originally due between October 1 and November 2, 2025—such as to Requests for Information, Notices of Deficiency, or Audit Notices—are automatically extended by 33 calendar days. No separate extension request is required.
• PERM Warning Message: Employers may receive a warning message from the FLAG system when submitting a PERM application with recruitment that is outside the regulatory 180-day filing window or when using an expired prevailing wage determination.  However, the employer will still be able to complete and submit the application. 
• PERM Recruitment and Wage Validity Flexibility: Employers whose recruitment efforts or prevailing wage determinations expired during the shutdown may still submit PERM applications using those materials during the same 33-day grace period.
• System Warnings Will Not Block Submissions: The FLAG system may issue warnings for expired recruitment or wage determinations, but submissions will still be accepted. Employers may request reconsideration if a denial occurs due to these technical expirations.
• BALCA Deadlines Unaffected: These flexibilities apply only to OFLC deadlines and not to appeals or deadlines set by the Board of Alien Labor Certification Appeals (BALCA). Employers must contact BALCA directly for related matters.

SOURCE: www.dol.gov/agencies/eta/foreign-labor/news

Forbes: Trump Administration Expected to Propose Rule to End or Restrict Work Opportunities for International Students

A forthcoming Trump administration immigration rule is expected to end or significantly limit the Optional Practical Training (OPT) program for international students studying in the United States. The proposed rule, listed on the Department of Homeland Security’s public regulatory agenda, could be published before the end of 2025 or in early 2026. If enacted, it would mark one of the most consequential policy shifts affecting foreign graduates and would appear to contradict Donald Trump’s 2024 remarks that international students should be allowed to stay and work in America after earning their degrees.

Key Points

• Overview of OPT: Optional Practical Training allows international students on F-1 visas to work in their field of study for up to 12 months, while STEM OPT provides an additional 24 months for students in science, technology, engineering, and mathematics disciplines. Around 250,000 students currently participate in these programs each year.
• Purpose of the New Rule: According to DHS’s abstract, the proposed regulation seeks to “align practical training to the goals and objectives of the program” while addressing fraud, national security concerns, and protecting U.S. workers from displacement. Immigration and Customs Enforcement (ICE) is expected to issue the rule, though White House Deputy Chief of Staff Stephen Miller is widely viewed as the driving force behind the initiative.
• Broader Policy Context: The administration has already pursued other actions aimed at tightening student visa rules, including a proposal to replace “duration of status” with fixed admission periods and to revise H-1B visa selection criteria to favor senior professionals over recent graduates.
• Option 1 – Eliminate OPT: One path under consideration is to remove OPT and STEM OPT entirely from DHS regulations. USCIS Director Joseph Edlow has publicly expressed support for ending post-graduation employment for F-1 students, citing legal and administrative concerns. Such a move would almost certainly face strong opposition and legal challenges from universities and business leaders.
• Option 2 – Restrict OPT Participation: Alternatively, the administration could retain OPT but impose tighter rules, such as new salary requirements, compliance burdens, or limits on eligibility. Some officials argue that employers gain an unfair advantage by not paying Social Security taxes on OPT workers, though evidence of this being a hiring incentive is minimal.
• Connection to “Duration of Status” Rule: Analysts warn that replacing “duration of status” with fixed visa terms could make it difficult for students to transition to OPT, as DHS could deny extension requests or subject applicants to increased vetting and scrutiny.
• Legal Background: The D.C. Circuit Court of Appeals upheld DHS’s authority to permit OPT and STEM OPT in a 2–1 ruling in October 2022, finding the programs legally valid under existing law.
• Economic and Innovation Concerns: Researchers warn that ending OPT would harm U.S. competitiveness and innovation. Studies by George Mason University and the National Academies of Sciences show that foreign graduates boost U.S. productivity and job creation. Eliminating OPT could reduce economic growth by the equivalent of a state-sized economy, such as Utah or South Carolina.

If finalized, this rule would represent one of the most dramatic changes to the U.S. student visa and employment landscape in decades, with far-reaching implications for universities, employers, and the country’s global talent competitiveness.

SOURCE: Stuart Anderson, “New Immigration Rule Will End or Restrict Student Practical Training,” Forbes, November 11, 2025: www.forbes.com/sites/stuartanderson/2025/11/11/new-immigration-rule-will-end-or-restrict-student-practical-training/  

Global Immigration Updates

Canada: Update to Countries Requiring an Immigration Medical Exam (IME)

Effective November 3, 2025, the Government of Canada has updated the list of countries and territories for which an Immigration Medical Exam (IME) is required. These updates apply to applicants who have lived in or visited the listed countries for six months or more within the past year.

New Additions – IME Now Required:

• Argentina
• Colombia
• Uruguay
• Venezuela

Removals – IME No Longer Required:

• Armenia
• Bosnia and Herzegovina
• Iraq
• Latvia
• Lithuania
• Taiwan

Please note that these changes do not affect applications submitted before November 3, 2025.

Hungary: 2026 EU Blue Card Wages and other updates

Beginning January 1, 2026, the Hungarian Ministry of the Interior has announced updated minimum wage requirements for third-country nationals employed under the EU Blue Card program. These adjustments, made under Decree 44/2011 (XII.16), establish new minimum monthly earnings thresholds for both general and shortage occupations. Employers hiring foreign nationals with EU Blue Cards must comply with these updated wage levels each year.

Key Points

• Effective Date: The new minimum wage rates take effect on January 1, 2026.
• Governing Regulation: The wage adjustments are outlined in Decree 44/2011 (XII.16) of the Ministry of the Interior, which governs minimum pay for third-country workers holding EU Blue Cards.
• General Minimum Wage: For most occupations, the minimum monthly wage will be 1,001,048 HUF.
• Shortage Occupations Wage: For occupations classified as labour shortages, the minimum monthly wage will be 800,838 HUF.
• Employer Obligation: Employers must review and ensure compliance with these wage thresholds each year for all EU Blue Card holders.
• Purpose of the Change: The adjustment aligns wage requirements with current economic conditions and labor market needs, ensuring fair compensation for skilled foreign workers.
• Work Location Changes: The Immigration Office has confirmed in writing that when a company changes its registered seat, third-country nationals employed by that company must file a completely new application to update the work location stated on their residence and work permits. This clarification underscores the need for employers and foreign employees to stay compliant with administrative requirements following corporate relocations.

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.