U.S. Immigration Alerts

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

US Immigration Updates

Forbes: Trump Administration Plans Further Restrictions on H-1B Visas

According to Forbes, the Trump administration plans to publish a new rule in December 2025 that would impose additional restrictions on the H-1B visa program and potentially reshape U.S. employment-based immigration. Here are the key details:

• Planned H-1B Rulemaking by Trump Administration
  The goal is to add restrictions on eligibility, increase oversight, and tighten rules for third-party placements.
• Expected Revival of 2020 Rule Elements
  The new rule is expected to revive elements of the blocked 2020 regulation, including narrowing the definition of specialty occupations and restricting H-1B holders from working at customer sites.
• Contrast with Biden Administration’s Final H-1B Rule
  The Biden administration addressed some of the same issues but in a more employer-friendly manner. It softened the “directly related specific specialty” requirement and eliminated the itinerary rule for offsite work.
• Trump May Re-tighten Definitions
  The Trump administration may revise definitions like “specialty occupation” to make them more restrictive. However, the 2024 Supreme Court ruling ending Chevron deference could limit how far it can go without clear statutory authority.
• Cap-Gap and Nonprofit Exemptions at Risk
  Biden-era provisions, like extended cap-gap protection for international students and expanded eligibility for nonprofit research institutions, could be revisited and restricted by a future Trump rule.
• Targeting Customer-Site Work and Employer-Employee Relationships
  Trump officials previously tried to block H-1B work at customer sites by redefining the employer-employee relationship and attempting to shift immigration responsibilities to customers—measures courts ultimately blocked.
• Impacts on U.S. Business Productivity
  Restricting H-1B work at customer sites could reduce U.S. productivity. Studies show foreign STEM workers have contributed significantly to productivity growth and wage increases for native professionals.
• High Demand vs. Low Cap
  FY 2025 saw 442,000 unique H-1B registrants for just 85,000 available slots, highlighting the mismatch between employer demand and the visa cap.
• Proposed Changes to Employment-Based Immigration Rules
  DHS also plans a rule (due January 2026) that would update standards for O-1A visas, EB-1 extraordinary ability green cards, national interest waivers, and other employment-based categories.
• Potential Reversal of Biden’s Pro-Immigration Guidance
  The Trump administration could reverse Biden policies that encouraged use of the O-1A and national interest waiver categories, which saw large increases in petition volumes under Biden.
• Raising the Bar for “Extraordinary Ability”
  Trump officials may increase the evidence burden for green card applicants in the EB-1 category, potentially requiring applicants to meet more of the current criteria or removing flexibility.
• Economic Research: Restrictive Policies Drive Mergers and Acquisitions
  New research suggests that restricting access to foreign talent pushes companies toward expensive acquisitions, indicating that such policies harm competitiveness rather than help native workers.

If implemented, these rules could reverse gains made under Biden, disrupt how companies access global talent, and potentially harm U.S. innovation and economic competitiveness. However, recent legal changes, such as the Supreme Court’s ending of Chevron deference, may act as a check on the administration’s ability to enact sweeping immigration restrictions without explicit statutory backing.

SOURCE: Stuart Anderson, “The Next Trump Immigration Rule Aiming to Restrict H-1B Visas.” Forbes, October 7, 2025: www.forbes.com/sites/stuartanderson/2025/10/07/the-next-trump-immigration-rule-aiming-to-restrict-h-1b-visas/

State Department Announces New Policy For Visa Applicant Interviews

Immigrant Visas

• Effective November 1, 2025, immigrant visa applicants must interview in the consular district of their residence, or, if requested, in their country of nationality, with limited exceptions.
• Applicants in countries where routine visa services are suspended must apply at a designated processing post (listed below) unless they are nationals of a different country with active operations.

Key Points for Applicants:

• Existing Appointments: These will generally remain unchanged.
• Post Transfers: Contact the National Visa Center (NVC) to request a transfer. Do not contact consulates directly. Use the NVC Public Inquiry Form.
• Residence Verification: Requests to interview outside the applicant’s district may require proof of residence or eligibility for an exception.
• Exceptions: Only for rare humanitarian, medical, or foreign policy reasons.
• Diversity Visa Applicants: These changes apply to the DV-2026 program.

Non-Immigrant Visas

• Effective immediately, nonimmigrant visa applicants must schedule interviews at a U.S. Embassy or Consulate in their country of nationality or residence.
• If the U.S. is not conducting routine NIV services in their country, applicants should apply at the designated embassy/consulate listed below, unless they reside elsewhere.

Key Points for Applicants:

• Residence Requirement: Applicants must show proof of residency in the country where they apply (if applying based on residence).
• Fees: Fees will not be refunded or transferred if they apply outside their country of nationality/residence and are denied.
• Appointment Wait Times: Applying outside their home country may result in longer wait times.
• Existing Appointments: Will generally remain in place and not be cancelled.
• Exceptions: This guidance does not apply to A, G, C-2, C-3, NATO, diplomatic, official, or UN-related visa applicants. Rare exceptions may be made for humanitarian, medical, or foreign policy reasons.
• Check Websites: Applicants should check embassy or consulate websites for specific visa procedures and operating status.

For more details, visit the website of the U.S. embassy or consulate where the applicant plans  to apply. Both notices supersede previous instructions.

SOURCES: US Department of State, October 9, 2025: travel.state.gov/content/travel/en/News/visas-news/adjudicating-applicants-in-their-country-of-residence-aug-28-2025.html; and US Department of State: travel.state.gov/content/travel/en/News/visas-news/adjudicating-nonimmigrant-visa-applicants-in-their-country-of-residence-sep-6-2025.html 

E-Verify Resumes Operations

• On October 9, 2025, E-Verify announced that it has resumed operations during the federal government shutdown. 
• The announcement includes instructions for employers who hired foreign employees while E-Verify was temporarily not available, tips on how to handle tentative non-confirmations (mismatches), and federal contractor deadlines and how to count days when E-Verify was unavailable. 
• It also includes instructions for employees with traditional E-Verify cases or E-Verify+ cases.
• The announcement notes that employers who participate in E-Verify must create an E-Verify case by Tuesday, October 14, 2025, for each employee hired while E-Verify was not available. E-Verify went down on October 1, 2025, in conjunction with the shutdown, and was back online without notice late on October 7, 2025.

SOURCE: “E-Verify Resumes Operations,” October 9, 2025: www.e-verify.gov/about-e-verify/whats-new/e-verify-resumes-operations

Global Immigration Updates

European Union Launches Entry/Exit System (EES) to Digitize Border Controls

As of October 12, 2025, the EU has begun phased implementation of the Entry/Exit System (EES). This digital system replaces passport stamps with an electronic record of entries and exits for all non-EU nationals crossing EU external borders.

Key points

• Biometric data (fingerprints and facial image) will be collected on first entry.
• Applies to all Schengen states except Ireland and Cyprus, and also to Iceland, Norway, Switzerland, and Liechtenstein.
• Subsequent entries require only biometric verification, not full personal data.
• The EES helps monitor stays and streamline border controls across the Schengen Area.

Country Updates

South Africa: Launch of Electronic Travel Authorization (ETA) Platform

• Overview: South Africa has launched a new ETA system to modernize travel and immigration processes.
• Purpose: Streamlines travel applications using automation and machine learning for faster approvals, reduced paperwork, and enhanced security.
• Rollout Timeline:
  • End of September 2025: User testing began.
  • Mid-October 2025: Live for G20 delegates.
  • Initial Implementation: OR Tambo and Cape Town International Airports.
• Impact: Enhances efficiency and convenience for entry processes, supporting tourism and business travel growth.
• Next Steps: ETA system expansion will be monitored; updates and guidance for travelers will be provided.

Portugal: New AIMA Procedures and Legislative Changes

• Overview: Recent updates from the Agency for Integration, Migration, and Asylum (AIMA) and new immigration legislation.
• Application Requirements (Effective 28 April 2025):
  • Residence permit applications (granting or renewal) must include all required documentation at submission.
  • Incomplete applications will be rejected, requiring a new appointment if documentation is missing.
• Important Notice – Absence from Portugal (Effective 15 October 2025):
  • Uncertainty exists regarding application of new rules and rights if leaving the country.
  • Travelers are strongly advised not to leave Portugal without a valid residence permit, to avoid loss of status or re-entry issues

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.