WR Immigration News Digest | Stabilizing Immigration Operations, Gold Card Program, and much more!

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Immigration Operations Stabilizing Post-Shutdown

Immigration operations have been back online for several days following the end of the 43-day federal shutdown, and agencies are actively working through accumulated backlogs. Routine visa processing, USCIS adjudications, and security checks have resumed, though staffing shortages and furlough disruptions continue to slow overall processing.

At the Department of Labor, PERM and prevailing wage work had already restarted on October 31, and systems like FLAG and SeasonalJobs.dol.gov are fully accessible again, but timelines remain stretched as DOL clears a significant queue. Immigration courts are also updating operational status as postponed hearings are rescheduled, with case-specific information available through EOIR’s automated system or local courts.

Impact: While operations have restarted, meaningful delays will continue into early 2026. In-house teams should build additional buffer time into hiring and mobility plans, communicate adjusted expectations to internal partners, and keep clear records of any shutdown-related delays to support compliance, planning, and employee experience.

USCIS Advances Gold Card Program

USCIS has submitted a draft Form I-140G to the Office of Management and Budget, marking a key step toward launching the new Gold Card program, a pathway to permanent residence tied to a $1 million (individual) or $2 million (corporate-sponsored) donation to the U.S. Treasury. The program, ordered by President Trump to be fully implemented by December 18, would allow eligible applicants to seek a green card under the EB-1 extraordinary ability or EB-2 NIW categories once the donation, application, and background checks are completed. USCIS anticipates an application fee of $15,000 per applicant, with the overall process involving submissions to the Department of Commerce, fee payment through pay.gov, and eventual filing of Form I-140G.

The agencies are not yet accepting applications, and further guidance is expected in the coming weeks. USCIS projects roughly 1,000 filings per year. The administration has also referenced, but not yet detailed, a potential Platinum Card option allowing limited U.S. presence without U.S. tax exposure after a $5 million payment.

Impact: Although this won’t be a primary sponsorship path for most employers, leaders or high-net-worth employees may raise questions. In-house teams should be aware of the program’s broad framework but note that applications cannot yet be filed and key requirements are still being finalized. Clear, careful messaging will help manage expectations until full guidance is released.

USCIS Weighs Stricter Review for Travel-Ban Nationals

The administration is considering a policy change that would make it more difficult for individuals from countries on President Trump’s travel-ban list to receive immigration benefits. Draft DHS guidance indicates that USCIS may start treating certain “country-specific factors” as significant negative elements in case reviews. This would apply to nationals of both the fully banned and partially restricted countries, and could affect applications for green cards, asylum, parole, and other discretionary benefits. These country-based concerns, such as limited government vetting or challenges verifying identity documents, were previously treated as neutral. Naturalization applications would not be impacted.

If implemented, these factors would be weighed during USCIS’s discretionary analysis, where officers balance both favorable and unfavorable aspects of an applicant’s situation. Early assessments suggest that the policy could lead to more denials, closer scrutiny of individuals already living legally in the United States, and possible legal challenges related to unequal treatment or country-based bias.

Impact: If implemented, this policy could create new hurdles for employees from affected countries. In-house teams should prepare for closer USCIS scrutiny, longer timelines, and a greater likelihood of discretionary questions or denials. Clear communication, strong documentation of positive factors, and early planning will help support impacted employees while the government finalizes its guidance.

December 2025 Visa Bulletin Update: Minimal EB Movement

The State Department has released the December 2025 Visa Bulletin, and USCIS has confirmed that employment-based applicants must use the Dates for Filing chart again this month. As expected following the October–November government shutdown, almost all employment-based categories show no movement, with the only change being a modest 21-day advancement for China’s EB-5 unreserved category.

The Dates for Filing chart allows eligible applicants to submit the adjustment of status packet earlier, even if a green card number is not yet available. Below is a streamlined summary of the December movement:

Key Dates for Filing – December 2025

EB-1:

• China: May 15, 2023 (no change)
• India: April 15, 2023 (no change)
• All other countries: Current

EB-2:

• China: Dec. 1, 2021 (no change)
• India: Dec. 1, 2013 (no change)
• All other countries: July 15, 2024 (no change)

EB-3:

• China: Jan. 1, 2022 (no change)
• India: Aug. 15, 2014 (no change)
• All other countries: July 1, 2023 (no change)

EB-5 (Unreserved):

• China: Advances to July 22, 2016 (from July 1, 2016)
• India: April 1, 2022 (no change)
• All other countries: Current

Key Insights:

• USCIS will continue using the Dates for Filing chart because visa availability remains higher than the number of known applicants.
• Where Final Action dates are later than Dates for Filing, applicants may file using Final Action.
• The bulletin also includes updates on the Diversity Visa (DV-2026) program, noting that regulatory changes reduce the annual limit to approximately 52,000 and reminding applicants that DV-2026 eligibility ends on September 30, 2026.

Impact: With nearly all EB categories holding steady, teams should expect continued wait times and limited movement through year-end, especially following the recent government shutdown. This is a good moment to reset expectations with employees waiting to file, ensure PERM and I-140 pipelines stay on track, and use the Dates for Filing chart strategically where available. The modest EB-5 advance for China may offer a narrow window of earlier filing for a small subset of impacted employees.

DHS Highlights Increased Visa Scrutiny and Enforcement Measures

DHS has outlined several recent actions aimed at tightening immigration oversight, increasing vetting, and expanding fraud detection across visa programs. USCIS has updated its policy manual to broaden screening criteria, including reviews of past parole requests, potential ties to hostile or extremist groups, and other discretionary factors. The agency also highlighted results from “Operation Twin Shield,” a multi-agency effort involving more than 900 site visits that identified a number of cases with fraud or compliance concerns. In addition, DHS ended automatic extensions for certain employment authorization categories to allow for more frequent applicant vetting.

These updates come alongside broader enforcement priorities across DHS, including expanded funding, new ICE personnel, and increased focus on compliance reviews.

Impact: Employers should anticipate stricter vetting, more detailed documentation requests, and a greater chance of site visits or follow-up inquiries. Ensuring accurate job details, maintaining strong records, and preparing employees for possible questions will be essential as enforcement intensity increases.