SCOTUS allows gender-based passport policy to proceed during litigation
Catch up on U.S. and global corporate immigration news highlights for the week covering Nov. 3 - Nov. 7.
In their Nov. 6, 2025, ruling on Trump v. Orr, the Supreme Court of the United States (SCOTUS) granted the federal government’s request to stay a lower court injunction blocking enforcement of the Jan. 20 executive order requiring all new U.S. passports to display an individual’s biological sex at birth. In granting the stay, SCOTUS reasoned, “Displaying passport holders’ sex at birth no more offends equal protection principles than displaying their country of birth — in both cases, the Government is merely attesting to a historical fact without subjecting anyone to differential treatment.”
The Department of Homeland Security issued a Notice of Proposed Rulemaking (NPRM) to amend U.S. Citizenship and Immigration Services regulations governing the use and collection of biometrics in the administration and enforcement of immigration laws and benefit requests. DHS proposes in this rule that “any applicant, petitioner, sponsor, supporter, derivative, dependent, beneficiary or individual filing or associated with a benefit request or other request or collection of information, including U.S. citizens, U.S. nationals and lawful permanent residents, and without regard to age, must submit biometrics unless DHS otherwise exempts the requirement.”
The Department of Labor announced that the Office of Foreign Labor Certification (OFLC) has resumed processing certain applications through the Foreign Labor Application Gateway (FLAG) system. The DOL stated that the OFLC has resumed processing requests for prevailing wages and labor certification determinations, and that the FLAG system is available for users to prepare and submit new applications and review details regarding applications pending a final determination.
The State Department announced on Nov. 5 that it will implement certain changes to the Diversity Visa (DV) entry process. The start date for the DV-2027 registration period and the date that DV-2027 selection results will be available through the Entry Status Check (ESC) will be announced “as soon as practicable.”
DHS published notice on Nov. 6 in the Federal Register (FRN) terminating the designation of South Sudan for Temporary Protected Status (TPS), effective Jan. 5, 2026. According to the notice, the decision follows an interagency review in which the DHS secretary determined that “the situation in South Sudan no longer meets the criteria for an ongoing armed conflict that poses a serious threat to the personal safety of returning South Sudanese nationals.”
Immigration, Refugees and Citizenship Canada (IRCC) published the 2026-2028 Immigration Levels Plan, continuing to reduce temporary resident arrivals and permanent resident admissions while filling critical labor gaps in high-demand occupations. Targets for new temporary resident arrivals, which include temporary workers and students, are set at 385,000 in 2026 and 370,000 in 2027 and 2028. Overall permanent resident admissions will stabilize at 380,000 from 2026 to 2028.
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In light of the recent launch of the Trump Gold Card, on Nov. 6, Newsweek reported that "Morgan Bailey, the former deputy chief of staff of U.S. Citizenship and Immigration Services, said those wishing to apply for the program should prepare to document their sources and transfer of funds, as well as gather the documents they will need, including their immigration and employment records."
DHS has proposed a rule entitled on the regulatory agenda "EB-5 Reform and Integrity Act of 2022; Ensuring the Integrity of the EB-5 Program" which would (in the agency's words) "propose amendments to the regulations that, if finalized, would fully implement the EB-5 Reform and Integrity Act of 2022 (RIA)." In October, DHS published a Notice of Proposed Rulemaking (NPRM) in the Federal Register to adjust EB-5 immigrant visa fees and codify certain provisions of the EB-5 Reform and Integrity Act of 2022.
DHS has a regulation on its agenda entitled “Practical Training” that would (in the agency’s words) “align practical training to the goals and objectives of the program while providing more clarity to the public. The proposed rule will amend existing regulations to address fraud and national security concerns, protect U.S. workers from being displaced by foreign nationals, and enhance the Student and Exchange Visitor Program’s capacity to oversee the program."
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H-1B Proclamation litigation updates on the U.S. Chamber of Commerce and AAU (Association of American Universities) lawsuit challenging the Trump administration's $100,000 fee for certain H-1B petitions under the H-1B Proclamation. Per the AAU website, "The complaint argues that the new fee is unlawful because it violates the Immigration and Nationality Act, exceeds the president’s authority and is harmful to American businesses (particularly smaller businesses, universities and start-ups)."
Violet Buxton Walsh of the Institute for Progress will delve into her pioneering work on the OPT Observatory, a cutting-edge website designed for comprehensive F-1 analysis—covering aspects like university, state, field of study and participation in OPT and STEM OPT in a Community webinar on Nov. 12. You can register for the free webinar once you become a member of BAL Community.
BAL Senior Associate, Eileen Lohmann, continued her breakdown of the interim final rule published by DHS on Oct. 30 that effectively ends the practice of automatically extending the validity of EADs. Lohmann provided updates on pending litigation status, guidance on what employers can do now and Form I-9 tips.
The Government Strategies team outlined key provisions and shared insights on the H-1B and L-1 Visa Reform Act of 2025 (S. 2928) bipartisan legislation reintroduced by U.S. Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) and Ranking Member Dick Durbin (D-Ill.). The two senators have introduced a version of this bill every Congress since 2007. The proposed bill would make sweeping changes to H-1B and L-1 nonimmigrant classifications.
A small focus group of immigration professionals met on Nov. 6 to discuss F-1 and H-1B visa strategies in the wake of the H-1B Proclamation and its $100,000 fee mandate.
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Where can delays occur that will impact overall PERM timelines? How can employers best prepare for delays in the PERM process? Get answers to these questions and a better understanding of the PERM process in our easy-to-read reference page PERM processing times FAQ for employers.