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

December 19, 2025

US Immigration Updates

Department of State Releases Visa Bulletin for January 2026

On December 17, 2025, the U.S. Department of State (DOS) issued its monthly Visa Bulletin for January 2026. USCIS has chosen the Dates for Filing chart for employment-based applications for January 2026.

USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the applicable Date for Filing listed in the State Department’s January 2026 Visa Bulletin.

Dates for Filing for January 2026

EB-1
China: Date advances to August 1, 2023
India: Date advances to August 1, 2023
All other countries: Current

EB-2
China: Date advances to January 1, 2022
India: Date remains on December 1, 2013
All other countries: October 15, 2024

EB-3 Professionals and Skilled Workers
China: Date remains on January 1, 2022
India: Date remains on August 15, 2014
All other countries: July 1, 2023

EB-5 Unreserved (Regional Center and Non-Regional Center)
China: Date advances to August 22, 2016
India: Date advances to May 1, 2024
All other countries: Current

EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries

Dates for Filing Chart – January 2026

Final Action Dates for January 2026

EB-1
China: Date advances one week to February 1, 2023
India: Date advances nearly one year to February 1, 2023
All other countries remain current
EB-2
China: Date advances by three months to September 1, 2021
India: Date advances two months to July 15, 2013

All other countries: Date advances by two months to April 1, 2024.

EB-3 Professionals and Skilled Workers
China: Date advances one month to May 1, 2021
India: Date advances nearly two months to November 15, 2013
All other countries: Date advances one week to April 22, 2023.
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: Date advances month to August 15, 2016
India: Date advances by ten months to May 1, 2022.
All other countries remain Current.
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries

Final Action Dates Chart for January 2026

SOURCES: travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-january-2026.html; /www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

Trump Administration Expands Entry Restrictions Affecting Multiple Countries

On December 16, 2025, the Trump administration issued a presidential proclamation updating and extending restrictions on the entry of foreign nationals from multiple countries, citing concerns about screening, vetting, and information-sharing capabilities. The proclamation continues and broadens prior U.S. travel and immigration limits, detailing which countries are subject to full or partial restrictions and outlining the policy rationale behind these designations. The White House proclamation outlines continued and expanded limits on the entry of foreign nationals from specific countries deemed to lack adequate security screening and vetting data. It differentiates between full restrictions, where entry is broadly suspended, and partial restrictions, where entry may still be possible under certain conditions.

Key Points

Comprehensive Country List: The proclamation applies entry restrictions to a total of 39 countries, including those with continued full bans, newly added full bans, and a substantial list of partial restrictions. It also includes restrictions on individuals using Palestinian Authority-issued travel documents.
Continued Full Restrictions: Nationals of 12 previously identified countries—Afghanistan, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen—remain fully restricted from entry. These restrictions apply to both immigrant and nonimmigrant visas.
New Full Restrictions: Seven additional countries—Burkina Faso, Laos, Mali, Niger, Sierra Leone, South Sudan, and Syria—are newly subject to full entry limitations due to ongoing vetting and screening deficiencies. These additions expand the scope of the full restrictions under the proclamation.
Partial Restrictions Added: Nationals of 15 more countries are now subject to partial entry limitations, affecting immigrant and certain nonimmigrant visa categories; these include Angola, Antigua and Barbuda, Benin, Côte d’Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe.
Modified Partial Lists: Partial restrictions continue for Burundi, Cuba, Togo, and Venezuela, while the ban on certain categories of Turkmenistan nonimmigrant visas has been modified in light of recent engagement, though immigrant entry remains suspended.
Policy Objective: The proclamation cites the need to ensure adequate identity management, reliable civil documentation, and cooperation from foreign governments as reasons for imposing and expanding entry restrictions.

What US Employers Need to Know

Visa Sponsor Planning: Employers sponsoring foreign workers from affected countries should anticipate additional scrutiny and potentially longer vetting times for visa issuance and entry, particularly for nations on the full restriction list. Understanding the country category can help set realistic timelines.
Impact on Mobility: Prospective hires and current employees from partially restricted countries may still pursue U.S. entry for work, but with limitations that could affect certain visa types; nonimmigrant and immigrant categories may be handled differently. Employers should consult immigration counsel for case-specific strategy.
Document Requirements: The proclamation’s focus on documentation and identity-management deficiencies means that employers may need to provide thorough support documentation to embassies/consulates to aid visa adjudication. This is especially critical for candidates from countries newly on the restricted lists.
Exceptions and Waivers: Some exemptions apply, such as for lawful permanent residents, certain existing visa holders, and select diplomatic or athletic categories; employers should review these to determine if employees qualify. Waivers may also be possible in national-interest cases but are assessed individually.
Travel Planning: Employers should advise employees on the potential for changes in travel plans due to entry limitations, and build flexibility into relocation and project start dates when dealing with affected nationalities. Ongoing communication with immigration advisors will be essential.
Monitoring Policy Changes: Given the evolving nature of entry restrictions and possible future updates to country designations and procedures, organizations should stay informed through official channels like the State Department and DHS. Timely updates can help maintain compliance and minimize disruptions.

Looking Ahead

As global conditions and bilateral cooperation on vetting and information-sharing evolve, the U.S. government may further refine or adjust the list of affected countries and associated entry protocols. Employers and individuals alike should monitor developments in immigration policy, as updates could alter restrictions, exceptions, and procedural requirements in the months ahead.

SOURCE: www.whitehouse.gov/presidential-actions/2025/12/restricting-and-limiting-the-entry-of-foreign-nationals-to-protect-the-security-of-the-united-states/

Winter Developments Affecting H-1B and H-4 Visa Holders: Appointment Disruptions and Revocation Trends

The Alliance of Business Immigration Lawyers (ABIL) has alerted clients to significant winter developments impacting H-1B and H-4 visa holders and travelers, particularly related to visa appointment disruptions and an increase in visa revocation actions. Reports indicate widespread rescheduling of visa appointments due to expanded screening measures, as well as visa revocations tied to prior arrest histories, even when those arrests occurred many years ago. These developments create uncertainty for foreign nationals planning international travel and for U.S. employers relying on continuity of work authorization for key employees.

Key Points

Visa Appointment Cancellations in India: Many H-1B and H-4 visa appointments scheduled for December 2025 in India have reportedly been canceled and rescheduled for February or March 2026. Confirmed impacts have been reported at U.S. consulates in Hyderabad and Chennai, with additional posts likely to follow.
Expanded Screening and Security Checks: The appointment disruptions appear to stem from enhanced online presence reviews and other security-related vetting processes. These expanded checks are contributing to longer processing times and unpredictable rescheduling.
Anticipated Broader Impact: Further visa appointment cancellations and rescheduling are expected at other U.S. consular posts in India and potentially in other countries. Travelers should anticipate that these disruptions may persist throughout the winter season.
Visa Revocations Based on Prior Arrests: The Department of State has reportedly initiated visa revocation actions against some H-1B visa holders based on prior arrest history. In some cases, the arrests occurred many years ago, with reports reaching back to 2017.
Status Versus Visa Considerations: A visa revocation does not automatically terminate lawful H-1B status for individuals already in the United States. However, it can significantly complicate future international travel and visa reentry.

What US Employers Need to Know

Increased Travel Risks for Employees: Employees traveling abroad for visa stamping may encounter unexpected appointment cancellations or extended delays. These disruptions can affect project timelines and business continuity if employees are unable to return as planned.
Workforce Planning and Continuity: Even when H-1B status remains valid, visa-related delays may prevent employees from reentering the United States promptly. Employers should build contingency plans for critical roles held by foreign national workers.
Heightened Scrutiny of Background History: Prior arrest history, even without a conviction and from many years earlier, may now trigger visa scrutiny or revocation. Employers should be aware that these issues typically arise during consular processing rather than within the United States.
Need for Proactive Communication: Employers should encourage employees to confirm visa appointments shortly before departure and to report any rescheduling or revocation notices immediately. Early communication allows for faster coordination with immigration counsel and internal stakeholders.
Importance of Case-Specific Legal Guidance: Decisions about international travel and responses to revocation notices require individualized legal analysis. Employers should work closely with immigration counsel to assess risk and develop appropriate strategies.

Looking Ahead

The current pattern of visa appointment disruptions and increased visa revocation activity reflects a more stringent and security-focused consular environment for H-1B and H-4 visa holders. FGI recommends that employers and employees plan international travel conservatively, expect delays, and seek individualized legal guidance before departure to minimize risk and maintain operational stability.

SOURCE: ABIL Immigration Insider, December 14, 2025

USCIS Increases Screening and Vetting of Foreign Nationals Working in the United States

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to shorten the maximum validity periods for Employment Authorization Documents (EADs) in several immigration categories. The changes, effective beginning in July and December 2025 depending on category, are intended to strengthen screening, increase the frequency of vetting, and align USCIS policy with recent federal legislation.

Key Points

Policy Manual Update: USCIS revised its Policy Manual to reduce the maximum validity periods for certain EAD categories. The update reflects recent legislative requirements and aims to ensure closer oversight of foreign nationals authorized to work in the United States.
Increased Vetting Frequency: Shorter EAD validity periods will require more frequent renewal applications. This enables USCIS to conduct additional security screenings and identify potential fraud or security concerns more effectively.
Reduction from Five Years to 18 Months: The maximum EAD validity period for several categories has been reduced from five years to 18 months. This applies to both initial and renewal employment authorization documents.
Categories Affected by the 18-Month Limit: Impacted groups include refugees, asylees, individuals granted withholding of removal, and applicants with pending asylum, adjustment of status, or certain removal relief applications. The new limit applies to EAD applications pending or filed on or after December 5, 2025.
Statutory One-Year Validity Requirement: Under H.R. 1 – the One Big Beautiful Bill Act, certain categories are limited to a one-year EAD validity period or the end of authorized parole or TPS, whichever is shorter. USCIS implemented these requirements following a Federal Register notice issued on July 22, 2025.

What US Employers Need to Know

Shorter Work Authorization Periods: Employers should expect to see EADs with reduced validity periods for affected employees. This will require more frequent monitoring of work authorization expiration dates.
Expanded Reverification Obligations: Because EADs will expire more often, employers must plan for additional Form I-9 reverifications. Missing a reverification deadline could result in compliance violations.
Affected Employee Populations: Refugees, asylees, TPS beneficiaries, parolees, and certain applicants for immigration relief may be subject to the new validity limits. Employers with workforces that include these populations should review policies and tracking systems.
Importance of Effective Dates: Different validity rules apply depending on when the Form I-765 was filed—July 22, 2025, or December 5, 2025. Employers must carefully review EAD issuance dates to ensure proper compliance.
No Indication of Automatic Extensions: The policy emphasizes frequent vetting rather than extended authorization periods. Employers should not rely on automatic EAD extensions and should prepare for regular renewals.

USCIS’s decision to shorten EAD validity periods reflects a broader effort to enhance screening, deter fraud, and comply with new statutory mandates. While these changes strengthen oversight, they also increase compliance responsibilities for U.S. employers, making proactive tracking and timely reverification more important than ever.

SOURCE: www.uscis.gov/newsroom/news-releases/uscis-increases-screening-vetting-of-aliens-working-in-us

New USCIS Photo Policy Strengthens Identity Verification and Prevents Immigration Fraud

U.S. Citizenship and Immigration Services (USCIS) has issued new policy guidance aimed at strengthening identity verification and reducing immigration fraud by limiting the age and source of photographs used in immigration documents. The following USCIS forms require photos: Form I-190 (replace green card), Form I-485 (adjust status), Form N-400 (naturalization), and Form N-600 (certificate of citizenship).

Effective immediately, the new guidance restricts usable photos to those taken within the last three years of the date a person files a USCIS form, and eliminates acceptance of self-submitted photos, reflecting a broader shift toward enhanced security and modernized vetting practices. Photos are typically taken at an Application Support Center (ASC) or through an approved submission process. Historically, USCIS would re-use old photos taken at an ASC but now are limiting re-use of photos to the last three years.

Key Points

Three-Year Photo Validity Requirement: USCIS will now only use photographs taken within three years of the filing date of a USCIS form. This ensures that immigration documents reflect a recent and accurate likeness of the applicant or petitioner.
Elimination of Self-Submitted Photos: Self-submitted photographs will no longer be accepted for the creation of immigration documents. Only photos taken by USCIS or other authorized entities may be used, improving reliability and chain-of-custody controls.
End of COVID-Era Flexibilities: Pandemic-era policies allowed reuse of photographs for up to 10 years, even when an individual’s appearance had changed significantly. USCIS determined these flexibilities remained in place longer than necessary and weakened identity verification.
Enhanced Fraud and Identity Theft Prevention: The updated policy is designed to improve USCIS’ ability to verify identity, conduct accurate screening, and prevent fraud. Recently, high-quality photos were considered essential to secure document production.
Alignment With DHS Security Priorities: The guidance supports Department of Homeland Security goals to modernize screening and vetting systems. It also addresses known vulnerabilities in identity documentation processes.

What US Employers Need to Know

Potential Impact on Filing Timelines: Certain applications may now require applicants to appear for new biometrics or photo capture. This could add time to case processing and should be factored into workforce planning.
Forms Requiring New Photos Regardless of Timing: Specific forms will require a new photo even if a prior photo was recently taken. These include Forms I-90, I-485, N-400, and N-600.
No Reliance on Previously Submitted Photos: Employers should not assume USCIS will reuse photos from earlier filings. Each qualifying filing must now meet the three-year photo requirement using authorized photo sources.
Increased Consistency in Identity Verification: The policy reduces variability in photo quality and age across cases. This may lead to more consistent adjudications but fewer discretionary accommodations.
Immediate Applicability: The guidance is effective as of the publication date. Employers should ensure all current and upcoming filings comply with the new requirements to avoid delays or rejections.

Looking Ahead

USCIS’ new photo policy reflects a renewed emphasis on accurate identity verification and fraud prevention across the immigration system. FGI recommends that employers anticipate additional biometric or photo requirements, plan filings with appropriate lead time, and work closely with immigration counsel to ensure compliance with the new standards and minimize disruption to business operations.

SOURCE: USCIS Newsroom, December 12, 2025: www.uscis.gov/newsroom/alerts/new-photo-policy-helps-prevent-immigration-fraud-through-enhanced-identity-verification

DOS Updates Interview Scheduling Rules for Nonimmigrant and Immigrant Visa Applicants

On December 12, 2025, the Department of State (DOS) announced updated instructions governing where nonimmigrant and immigrant visa applicants may schedule their visa interview appointments. The changes clarify long-standing practices and impose clearer limits on “third country” visa processing, particularly for applicants from countries where routine visa operations are suspended or limited.

Key Points

Nonimmigrant Visa Interviews Tied to Nationality or Residence: Nonimmigrant visa applicants are instructed to schedule interviews at a U.S. embassy or consulate in their country of nationality or residence. This update narrows flexibility for applicants seeking visa appointments in third countries.
Designated Posts for Limited-Operations Countries: Nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations must apply at a designated embassy or consulate. An exception applies only if the applicant is lawfully residing in another country with active visa operations.
Immigrant Visa Interviews Based on Place of Residence: Immigrant visa applicants must generally interview within the consular district corresponding to their place of residence. In limited circumstances, interviews may occur in the applicant’s country of nationality if specifically requested.
Guidance for Suspended or Paused Immigrant Visa Operations: Applicants residing in countries where routine immigrant visa services are suspended should apply at the designated immigrant visa processing post. Nationals of another country with ongoing operations may be eligible to apply in their country of nationality instead.
Publication of Designated Processing Posts: DOS has released a list identifying which embassies and consulates are designated to process affected visa applications. Applicants are expected to follow these assignments when scheduling interviews.

What U.S. Employers Need to Know

Reduced Flexibility for Third-Country Processing: Employees may no longer be able to schedule visa interviews in countries chosen solely for convenience or faster appointment availability. This may affect travel planning and onboarding timelines.
Potential for Longer Wait Times: Designated processing posts may experience higher demand, leading to appointment backlogs. Employers should anticipate possible delays in visa issuance for new hires and current employees.
Importance of Verifying Proper Interview Location: Scheduling at an incorrect post could result in cancellation or refusal of the visa appointment. Employers should ensure employees confirm the correct consular location before making travel plans.
Impact on Employees From Limited-Operations Countries: Employees who are nationals or residents of countries with suspended visa services may face additional logistical challenges. Advance planning and early coordination with counsel are critical in these cases.
Need for Case-Specific Strategy: Exceptions may apply depending on residence, nationality, and operational status of consular posts. Employers should consult immigration counsel to determine the most appropriate and compliant interview location.

In conclusion, DOS’ updated interview scheduling instructions reinforce stricter adherence to consular jurisdiction rules and limit discretionary third-country processing. FGI recommends that employers carefully review interview location requirements, plan for longer processing timelines, and coordinate closely with immigration counsel to reduce the risk of appointment disruptions and delayed workforce mobility.

SOURCES: US Department of State, US Visas News, December 12, 2025: travel.state.gov/content/travel/en/News/visas-news/adjudicating-iv-applicants-in-their-country-of-residence.html; and travel.state.gov/content/travel/en/News/visas-news/adjudicating-niv-applicants-in-their-country-of-residence.html

Global Immigration Updates

Québec, Canada: New French-Language Requirements for Employers and Workers

Québec is once again tightening its immigration framework, this time by introducing new French-language requirements for temporary foreign workers (TFWs) and stricter compliance obligations for employers. Published in the Québec Gazette, these regulatory amendments reinforce the province’s commitment to French language integration while adding new layers of complexity to work permit renewals, LMIA/CAQ applications, and employer compliance obligations across the province.

Key Points

New French Proficiency Requirement for TFWs: Effective December 17, 2025, temporary foreign workers with three or more years of work experience in Québec must demonstrate French proficiency at Level 4 to renew any work permit requiring a CAQ. This measure underscores Québec’s ongoing effort to strengthen linguistic integration.
Three-Year Grace Period Before Enforcement: Although the regulation takes effect in December 2025, Québec has introduced a three-year transition period. French proficiency verification will only be enforced starting December 17, 2028.
Exempt Categories of Workers: Agricultural temporary workers, employees of foreign state offices, and international staff of recognized international non-governmental organizations are exempt from this requirement. These workers will not need to meet the new French language threshold.
NO Impact on LMIA-Exempt Work Permits: CAQs are primarily required for LMIA-based work permits in Québec. Individuals holding LMIA-exempt permits, such as intra-company transferees, are unaffected by this change, even after 2028.
Increased Employer Accountability: Québec now expects employers to play an active role in supporting French language acquisition. This represents a shift from passive compliance to demonstrable engagement.

What All Employers Need To Know

Advance Planning for Québec Assignments: All employers hiring foreign workers to Québec under LMIA-based permits must now factor in long-term French language requirements. Assignments exceeding three years will require proactive language planning.
Mandatory French Language Training Disclosure: Employers in Québec must inform each temporary foreign worker of available French language training services. This information must also be included in all LMIA and CAQ applications, effective immediately.
Risk of Losing Immigration Privileges: Employers with 25 or more employees must comply with Québec’s Charter of the French Language. Non-compliance may result in the revocation of the right to obtain LMIA and CAQ based work permits.
Operational Compliance Beyond Immigration: Language obligations extend beyond immigration filings to broader business operations. Commercial names, internal documentation, and public-facing services may all need adjustment.
Closer Coordination With Legal Advisors: These immigration changes are closely tied to Bill 96 and related regulations. Therefore, all employers hiring foreign workers in Québec should work closely with Canadian immigration and employment counsel to manage compliance risks.

What Foreign Workers and Québec Employers Need to Know

- Preparation Is Key for Long-Term TFWs: Temporary foreign workers approaching three years of employment in Québec should begin strengthening their French skills well in advance. Waiting until renewal time could jeopardize work authorization.
- Employers Must Demonstrate Language Support: Québec now requires tangible evidence of employer support for French language learning. Informal or ad hoc efforts may no longer be sufficient.

LMIA-Based Employers Face Higher Scrutiny: Employers relying on LMIA and CAQ processes should expect increased review of their language compliance practices. This includes both workforce integration and operational language use.

Exempt Workers Should Still Monitor Changes: Even exempt categories should remain attentive to future regulatory developments. Québec’s language-focused reforms continue to evolve.
Business Operations May Need Adjustment: As Québec strengthens enforcement of French language laws, employers may need to revisit branding, signage, and service delivery models. Immigration compliance is increasingly tied to broader corporate practices.

Looking Forward

Québec’s latest regulatory changes signal a continued and intensifying focus on French as the cornerstone of social and economic integration within the province. While the immediate impact is limited by transition periods and exemptions, employers and workers alike should expect additional measures affecting both immigration pathways and day-to-day business operations. Close monitoring of Bill 96 and related regulations will be essential, as language compliance is poised to play an even more central role in Québec’s immigration and employment landscape.

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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