U.S. Immigration Alerts

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

DHS Proposes Rule on Public Charge Grounds of Inadmissibility

On November 19, 2025, the Department of Homeland Security (DHS) released a proposed rule to rescind the public charge regulations adopted in 2022 and replace them with policy guidance and interpretive tools rather than a new regulatory framework. Under the proposed rule, DHS would eliminate the current regulatory definitions and standards for determining whether a non-citizen is likely at any time to become a “public charge,” and restore broader officer discretion to evaluate an applicant’s self-sufficiency and past, present or future connection to public benefits. 

Key Points

• Rescission of 2022 rule: DHS proposes to remove regulatory provisions set out in 8 CFR 212.20–212.23, including definitions, applicability, the public charge determination standard, and exemptions/waivers under the 2022 rule. 
• Broader discretion and reliance on “totality of circumstances”: Instead of codified bright-line definitions (e.g., “primarily dependent”), DHS plans to empower officers to consider a wider range of factors when assessing an applicant’s likelihood to become a public charge. 
• Expanded consideration of benefits: The proposed rule signals that past receipt, application for, or approval of means-tested public benefits — even if not cash assistance or long-term institutionalization — may be included in public charge assessments. 
• Exemptions and waivers removed from regulation: DHS proposes to eliminate the regulatory text listing exempt categories and waiver eligibility, leaving those determinations to policy/manual guidance rather than codified regulation. 
• No immediate change to form I-485 collection of minimum statutory factors: DHS notes that until revised, the application form will continue to collect age, health, family status, assets/resources/financial status, and education/skills information; the change is procedural, not immediate form overhaul. 
• Public comment period: The proposed rule will be published, open for 30 days of public comment, and will not take effect until it is finalized. 

What U.S. Employers Need to Know

• Potential increase in immigration adjudication scrutiny: Employers sponsoring employees for adjustment of status may face additional uncertainty because DHS intends to apply a broader, more discretionary public-charge review standard.
• Greater relevance of benefit usage history: If employees (or sponsored non-citizens) have accessed means-tested public benefits, this may now carry greater weight in the adjustment of status process — potentially impacting eligibility and timing.
• Impact on human resources and immigration counsel practices: Employers should ensure their immigration-related onboarding and benefit-usage disclosures are carefully managed and work closely with immigration counsel to monitor how the new policy may affect work-based green-card filings.
• Timing considerations for adjustment of status sponsorship: Given the rule is in proposed form and not yet final, employers and employees should consider the potential regulatory shift in planning immigration timelines and benefit eligibility.
• Communication with non-citizen employees about public benefits: Employers may want to coordinate with their immigration counsel to ensure that non-citizen employees understand how use of certain public benefits could affect their green-card process under the evolving policy framework.

In conclusion, DHS’s proposed rule signals a significant shift in how the public charge ground of inadmissibility will be applied: the 2022 regulatory structure would be erased in favor of greater discretion, expanded benefit-consideration, and case-by-case assessments. For U.S. employers involved in sponsorship and adjustment of status cases, it means heightened attention to benefit usage history and immigration advice, and careful planning for the potential operational impact once the rule is finalized.

SOURCE: Federal Register, November 19, 2025: www.federalregister.gov/documents/2025/11/19/2025-20278/public-charge-ground-of-inadmissibility

USCIS Announces FY 2026 Inflation Increase for Certain Fees

The US Citizenship and Immigration Services (USCIS) has issued a Federal Register notice that will increase certain H.R. 1 immigration-related fees for fiscal year (FY) 2026. These fee adjustments reflect the amount of inflation from July 2024 through July 2025.   

Key Points

• On July 22, USCIS published a Federal Register notice announcing the implementation of these H.R. 1 immigration-related fees. 
• Beginning in FY 2026, and continuing for each subsequent fiscal year, the Department of Homeland Security (DHS) will adjust some of these fees for inflation, as specified in H.R. 1.  
• The new inflationary-adjusted fees are effective on Jan. 1, 2026. If an applicant submits a benefit request postmarked on or after Jan. 1, 2026, that requires one of these HR-1 fees, she or he must include the new fee for the specific benefit they are requesting. 
• The fees that are increasing due to this Federal Register notice are listed in the table below.  

• The fees that are not increasing due to this Federal Register notice are listed in the table below. In the future, DHS will publish a Federal Register notice with information about the inflationary adjustment for the immigration parole fee.  

SOURCE: USCIS Newsroom, November 20, 2025: www.uscis.gov/newsroom/alerts/uscis-announces-fy-2026-inflation-increase-for-certain-immigration-related-fees

DHS: 2024 USCIS EB-5 Fee Rule Partially Stayed By Court Order

On November 12, 2025, the United States District Court for the District of Colorado issued a decision in Moody v. Noem, No. 24-cv-00762-CNS (D. Colo.), staying certain EB-5 related fees that were codified by DHS in the 2024 Fee Rule, which became effective April 1, 2024. 

The court determined that the EB-5 Reform and Integrity Act of 2022 precluded DHS from adjusting EB-5 program fees in the 2024 Fee Rule. DHS and USCIS believe the Court’s decision is incorrect but are working to implement it.  

In accordance with the November 12 order, and effective immediately, USCIS will accept the fees that were in effect until March 31, 2024, which are listed in the “Current Fee” schedule below. Petitioners and applicants should pay fees according to the “Current Fee” schedule, not the higher “Previous Fee” schedule. However, for items postmarked Nov. 26, 2025 or earlier, USCIS will also accept payment of the “Previous Fee.” For items postmarked after that date, USCIS will reject petitions or applications that are accompanied by the “Previous Fee.” 

Requests should be submitted on the current version of the relevant form. The following table summarizes the applicable forms and fees. 

*Reinstated as of Nov. 13, 2025. 
**For information only. Do not pay this amount. 

SOURCE: USCIS Newsroom, November 18, 2025: www.uscis.gov/newsroom/alerts/court-order-on-partial-stay-of-dhs-2024-uscis-fee-rule

USCIS Takes Key Step Toward Launching the Gold Card Program

U.S. Citizenship and Immigration Services (USCIS) has advanced the long-anticipated Gold Card program by submitting a draft Form I-140G to the Office of Management and Budget (OMB) for federal review, a required step before applications can be accepted. The program—mandated to launch by December 18 under a presidential directive—would allow foreign nationals to obtain U.S. permanent residence through substantial donations to the federal government. Although not yet active, newly released draft instructions offer the most detailed preview to date of how the process will function.

Key Points

• Draft Form I-140G Under OMB Review: USCIS has transmitted a draft version of the new Form I-140G to OMB for required regulatory review. This review must be completed before USCIS can publish the form and begin accepting petitions.
• Donation-Based Eligibility Framework: The program would allow foreign nationals to qualify for permanent residence by making a donation to the U.S. Treasury. Individual self-petitioners would donate $1 million, while corporate petitioners seeking a green card for an employee would donate $2 million. These donations serve as the basis for eligibility under the EB-1 extraordinary ability category or the EB-2 National Interest Waiver category.
• Three-Step Filing Process Proposed: According to draft instructions, applicants would: (1) initiate a Gold Card application with the Department of Commerce; (2) pay a nonrefundable $15,000 fee per applicant through pay.gov; and (3) submit the Form I-140G petition to USCIS. Each stage appears designed to confirm eligibility, verify payment, and establish the validity of the donated funds.
• USCIS Evaluation of Lawful Source of Funds: USCIS would use Form I-140G to confirm both that the beneficiary meets the required immigrant category standards and that the donated funds originate from legitimate, lawful sources. This mirrors the source-of-funds review used in other investment-based immigration programs.
• Consular Processing Required in Draft Version: Once the I-140G petition is approved and a visa number becomes available, applicants “must” complete consular processing abroad to obtain an immigrant visa. While adjustment of status is not mentioned in the draft instructions, it is widely expected to become an option once the program is formally implemented.
• Expected Filing Volume: USCIS projects that approximately 1,000 individuals will file Form I-140G petitions each year, suggesting that the program will be sizable but not unlimited.
• Program Not Yet Accepting Applications: The Department of Commerce and USCIS are not currently accepting any Gold Card applications. All forms and instructions remain in draft format, and key components of the process could still change before the December 18 launch deadline.
• Platinum Card Program Remains Undefined: A related “Platinum Card” option, appearing on the administration’s website but not in the President’s executive order, would reportedly allow individuals who contribute $5 million to reside in the U.S. for up to 270 days annually without being subject to U.S. taxation on non-U.S. income. No draft forms, timelines, or procedures have been released.

What US Employers Need to Know

• Corporate Sponsorship Pathway Will Be Available: Employers could secure permanent residence for key foreign employees by making a $2 million donation to the U.S. Treasury. This creates a new fast-track avenue for permanent residence that may circumvent traditional evidentiary burdens under EB-1 or NIW categories.
• Compliance and Documentation Will Be Extensive: Corporations should expect USCIS to closely scrutinize the legitimacy and source of donated funds, likely requiring financial statements, corporate provenance documentation, and verification of the transaction’s legality.
• Consular Processing Could Affect Hiring Timelines:  If the final rules retain the consular processing requirement, foreign employees, even those already in the United States, may need to depart the country to complete the process, influencing work schedules, project assignments, and travel planning.
• High Government Fee Adds to Donation Cost: The program anticipates a $15,000 nonrefundable fee per applicant, payable before USCIS will consider the I-140G petition. Employers sponsoring multiple workers could face substantial aggregate costs.
• Rapid Policy Development Expected: With the December 18 implementation deadline approaching quickly, employers should anticipate new instructions, updated filing portals, and clarifications from both USCIS and the Department of Commerce on an accelerated schedule.

SOURCE: www.whitehouse.gov/presidential-actions/2025/09/the-gold-card/

NFAP: H-1B Petitions and Denial Rates in FY 2025 – Employer and Sector Analysis

The National Foundation for American Policy (NFAP)’s recently issued a Policy Brief on the H-1B program in FY 2025. The brief highlights trends in H-1B approvals and denials, emphasizing how the visa program functions across different employers, sectors, and employment types. While the annual cap constrains new H-1B entrants, denial rates for both initial and continuing employment petitions remain very low. The data reveal patterns in employer usage, sectoral distribution, worker mobility, and wages, offering insights into the broader implications for U.S. employers and the high-skilled workforce.

Key Points

Overall Approvals vs. Denials

• Initial (new) employment: 114,806 approvals, with a denial rate of 2.8% (up from 2.5% in FY 2024, below 3.5% in FY 2023).
• Continuing employment (extensions, amendments, transfers): 291,542 approvals, with a denial rate of 1.9% (virtually unchanged from FY 2024).

Denial Rates by Employer Size / Type

• 28,277 employers were approved to hire at least one new H-1B worker in FY 2025.
• 61% of employers were approved for a single petition; 95% for ten or fewer petitions.
• Over half of new petitions went to employers with 15 or fewer approvals; 72% went to employers with 100 or fewer approvals.
• Large/high-volume employers like Amazon (4,644 initial approvals), Meta (1,555), Microsoft (1,394), and Google (1,050) led in initial approvals.

Sector / Industry Breakdown

• Professional, scientific, and technical services had the highest number of initial employment approvals.
• Educational services, including universities, accounted for a significant share of cap-subject petitions.
• Leading states for initial approvals: California, Texas, New York, New Jersey, and Virginia.

Worker Mobility

• 68,167 petitions approved for employees changing to a new employer.
• 37% of new hires in FY 2025 had transferred from another H-1B employer, demonstrating workforce mobility.

Wages and Skill Level

• Average salary in computer-related H-1B roles: $136,000; median: $125,000.
• 63% of approved H-1B beneficiaries held a master’s degree or higher, indicating high skill levels.

Employer Costs

• Filing, legal, and wage compliance costs for initial petitions and extensions can reach $34,900, or up to $50,000 when including permanent-residence sponsorship.

Policy Context

• The primary constraint is the 85,000 annual cap (65,000 general + 20,000 master’s exemption), which is only 0.05% of the U.S. labor force.
• Low denial rates reflect careful employer pre-screening; historically, restrictive policies (e.g., FY 2018–2020) temporarily increased denials.

The FY 2025 data show that H-1B approvals remain concentrated in high-skilled, STEM-focused industries but are broadly distributed across a large number of employers. Denial rates for both initial and continuing employment are very low, indicating that qualified applicants are almost always approved. The combination of high wages, advanced education, and mobility between employers underscores the importance of H-1B visas for U.S. innovation and the economy, while the numerical cap remains the main limiting factor on access.

SOURCE: National Foundation for American Policy, Policy Brief, November 2025: nfap.com/research/new-nfap-policy-brief-h-1b-petitions-and-denial-rates-in-fy-2025/

International Student Enrollment at US Colleges Shows 17% Decline

A recent article in the Washington Post examines shifting patterns in international student enrollment at U.S. colleges, based on early-fall 2025 data. While overall foreign student numbers remained nearly stable, the number of newly enrolled international students dropped sharply. The report highlights the influence of visa processing delays, shifts in applicant behavior, and broader policy changes and it underscores the potential implications for U.S. higher education institutions and their global competitiveness.

Key Points

• Decline in new enrollments: New international student enrollments fell by about 17 % this fall compared to the prior year. 
• Small overall drop in active students: When counting continuing international students (including those staying under post-graduate work programs), total international enrollment declined by only about 1 %. 
• Source regions most affected: The largest drops in prospective international students came from countries in Asia and Africa; applications to U.S. colleges via major platforms showed a ~9 % fall so far for next year. 
• Graduate-level steep declines: Graduate student enrollment among international students saw larger decreases (about 12 %) than undergraduate numbers, which showed a modest uptick. 
• Institutional variation: While many colleges reported decreasing new international student numbers (~60 % of institutions surveyed), some schools maintained or even increased international enrolment. 
• Economic impact: The decline in new international students is estimated to cost U.S. colleges and related sectors roughly $1.1 billion and up to 23,000 jobs. 
• Visa and policy headwinds: The downturn is attributed in part to more rigorous visa processes, travel restrictions, and broader messaging of U.S. higher education being less welcoming. 
• Strategic implications: Because international students often pay full tuition, participate in research, and contribute to campus diversity, the enrollment drop is viewed as a potential setback for U.S. innovation and global academic leadership.

In conclusion, the fall 2025 data indicate a notable shift: although the total pool of international students in U.S. colleges remains largely intact, the sharp drop in new international enrollments signals emerging vulnerabilities for higher-education institutions that rely on global talent and full-tuition students. Universities, policymakers, and recruitment offices will need to monitor whether this is a temporary fluctuation or the beginning of a longer-term trend and whether responsive strategies (e.g., streamlined visa support, enhanced marketing overseas, alternative pipelines) will be required to sustain U.S. competitiveness in global higher education.

SOURCE: Washington Post, November 17, 2025: www.washingtonpost.com/education/2025/11/17/foreign-student-enrollment-data/

Global Immigration Updates

Malaysia: Mandatory Pass Shortening and Exit Clearance for Expired EP/PVP Holders

In line with the Ministry of Home Affairs (MOHA) directive, the Immigration Department of Malaysia (JIM) now requires companies to shorten expatriates’ passes before their permanent departure and implement Exit Clearance for expired Employment Pass (EP) and Professional Visit Pass (PVP) holders.

Key Points

Mandatory Pass Shortening before Departure

• Companies must submit a pass shortening application for expatriates leaving Malaysia permanently.
• Applications are submitted via ESD Online under the “Sub-Product” tab.
• Upon approval, a Shorten Pass Slip is issued and must be kept by the pass holder throughout departure and presented upon request.

Exit Clearance for Expired EP/PVP Passes

• Effective November 18, 2025, companies must complete Exit Clearance via ESD Online if an expired pass has not been renewed or shortened.
• Exit Clearance must be submitted within 30 days of pass expiry.
• Non-compliance may restrict access to ESD Online, including submission and payment of new applications.
• This applies to applications approved from November 18, 2025, onwards. The new Exit Clearance tab in ESD Online is expected to be available on the effective date.

Corporate Lab Commentary

• Pass shortening (or cancellation) has always been required; enforcement is now being formalized.
• Exit Clearance for expired EP/PVPs introduces mandatory compliance tracking in ESD Online.
• Clarifications are pending on:
  • Urgent departures before pass shortening.
  • Timing of Exit Clearance relative to pass expiry.
  • Process for dependants leaving before EP holders.
  • Applicability for Dependant Pass (DP) and Long-Term Social Visit Pass (LTSVP).
  • Treatment of EP/PVPs approved prior to 18 Nov 2025 where passes were not shortened.
  • Interpretation of “no exit detected” in FAQs (likely refers to absence of Exit Clearance).

Important Notes

• This applies to companies registered with ESD Online.
• The arrangement will remain in effect until further instructions or official directives from JIM.

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