On Jan. 1, 2026, U.S. Citizenship and Immigration Services issued a new “hold and review” policy memorandum (PM-602-0194), effective immediately, expanding the scope of a prior memorandum (PM-602-0192) by introducing additional country-based restrictions and adding a detailed list of exceptions.

Key Points:

  • On Dec. 2, 2025, USCIS issued a “hold and review” policy memorandum directing USCIS personnel to place holds on certain asylum applications and benefit requests and conduct a “comprehensive re-review” of benefit requests for certain foreign nationals from 19 identified “high-risk” countries.
  • The new policy memorandum places adjudicative holds on pending benefit requests filed by or for foreign nationals who are nationals, citizens or birth country nationals of the expanded list of 39 “high-risk” countries identified in presidential proclamation 10998 (PP 10998), issued on Dec. 16, 2025.
  • The updated directives for USCIS personnel in the Jan. 1, 2026, policy memorandum include more procedural detail and implementation structure that includes but is not limited to:
    • Establishing a hold on all pending USCIS benefit applications for foreign nationals covered under PP 10998, regardless of the type of benefit sought, unless an exception applies.
    • Stating that USCIS may continue to process affected benefit requests but will not issue final decisions while the hold is in place.
    • Clarifying that immigrant visa applicants with qualifying family relationships are no longer automatically exempt from review or restrictions.
    • Extending the mandatory re-review of previously approved benefit requests for individuals who entered the U.S. on or after Jan. 20, 2021, to additional “high-risk” countries and allowing USCIS to retroactively review cases beyond this timeframe when appropriate.
  • The updated memorandum also establishes an explicit list of exceptions to the adjudication hold that include but are not limited to:
    • Form I‑90
    • Form N‑565
    • Form N‑600 (except Yemen and Somalia)
    • Certain Forms I-765 under the (c)(8), limited (c)(11) and limited (c)(14) categories
    • Form I-910, Civil Surgeon designation applications
    • Professional athletes and support staff for certain international events
    • Benefit requests that are in the national interest
    • Cases prioritized by U.S. Immigration and Customs Enforcement
    • Automatic terminations of certain benefits following green card/lawful permanent resident approval
  • According to the updated policy, “Within 90 days of this memorandum issuance, and in consultation with OP&S and the Fraud Detection and National Security Directorate, USCIS will prioritize a list for review, interview and re-interview and issue operational guidance.”

Additional Information: BAL will continue to monitor related policy developments and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2026 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Citizenship and Immigration Services has implemented updated filing fees for certain immigration benefit requests, effective Jan. 1, 2026. The changes were published in the Federal Register and reflected in the updated USCIS Fee Schedule (Form G‑1055).

Key Points:

  • USCIS has increased certain immigration‑related fees to reflect inflation from July 2024 through July 2025. These updates apply to certain H.R. 1 immigration fees.
  • Certain fees that are increasing are reflected in the forms listed below:
    • Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records
    • Form I-589, Application for Asylum and for Withholding of Removal
    • Form I-765, Application for Employment Authorization
    • Form I-821, Application for Temporary Protected Status
  • Employers and foreign nationals must use the relevant current fee amounts for all filings submitted on or after Jan. 1, 2026. Applications filed with outdated or incorrect fees will be rejected.
  • BAL has created an easy-to-use USCIS fee calculator to help with assessing fee amounts.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2026 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Customs and Border Protection (CBP) has issued an update to its Carrier Liaison Program (CLP), revising the list of countries whose nationals are exempt from the six‑month passport validity rule.

Key Points:

  • On Dec. 18, 2025, CBP published a revised list of countries whose citizens do not need six months of remaining passport validity beyond their intended U.S. stay. Travelers from these countries are only required to present a passport valid for the intended period of stay, not six months beyond it.
  • The current list contains more than 100 countries across Europe, Asia, Africa and the Americas, ranging from Albania to Zimbabwe.
  • Travelers not from an exempt country must still comply with the longstanding U.S. requirement [9 FAM 403.9-3(B)(1) (U)] that passports be valid six months beyond the intended period of stay.
  • The updated bulletin supersedes the last list contained in the 2022–2023 Carrier Information Guides and all prior CLP bulletins, including earlier versions circulated to air carriers.

Additional Information: CBP advises carriers and travelers to refer to the Department of State’s online resource: 9 FAM 403.9‑3(b)(2)(f) – Extend Passport Validity for the most current list of exempt countries, as updates may occur outside the issuance of CLP bulletins.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2026 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The proclamation issued on Dec. 16, 2025, expands and revises entry restrictions that impact nationals from 39 countries, effective as of 12:01 a.m. ET on Jan. 1, 2026.

Key Points:

  • The expanded travel ban either partially or fully bans entry for nationals of 39 countries and those traveling with Palestinian Authority-issued documents, effective Jan. 1, 2026, with updates noted in BAL’s prior alert.
  • The country-related restrictions apply to nationals of designated countries who are outside the U.S. on Jan. 1, 2026, and who do not have a valid visa on Jan. 1, 2026. It does not apply to lawful permanent residents or prevent the travel of dual nationals using a passport issued by a country not subject to restrictions.
  • The proclamation states, “No immigrant or nonimmigrant visa issued before the applicable effective date of this proclamation shall be revoked pursuant to this proclamation.”

Additional Information: Foreign nationals are reminded to consult with their BAL team regarding potential risks associated with international travel and to be aware of general travel requirements, including maintaining valid status in the U.S. BAL will continue to monitor developments and update accordingly. U.S. immigration policies may change quickly and without prior notice.

For the latest updates and insights regarding these policies, in-house immigration professionals are invited to join BAL Community at no cost.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

On Dec. 23, 2025, the State Department announced it had paused all visa issuances to Diversity Immigrant Visa (DV) applicants effective immediately and issued updated guidance through an FAQ section.

Key Points:

  • According to the FAQ, “DV applicants may submit visa applications and attend interviews, and the Department will continue to schedule applicants for appointments, but no DVs will be issued. Existing DV appointments generally will not be rescheduled or cancelled.”
  • The FAQ also states that “no diversity or other visas have been revoked as part of this guidance.”
  • Currently, there are no exceptions to this guidance per the FAQ, which also instructs that questions regarding admission to the U.S. be directed to the Department of Homeland Security.

Additional Information: The DV Program allows nationals from countries with historically low U.S. immigration rates to apply for a chance to seek permanent residence. Each year, up to 55,000 visas are made available through the program.

U.S. Citizenship and Immigration Services released a policy memorandum on Dec. 19, effective immediately, pausing all pending adjustment of status (AOS) applications under the DV Program. The policy also calls for implementing a comprehensive review of the program’s AOS applicant-related policies, procedures, and screening and vetting processes, as well as mandating interviews for certain DV Program applicants.

BAL is closely monitoring USCIS and State Department developments regarding the DV pause. We will issue updates as additional information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Department of Homeland Security posted the final rule on “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions” on Dec. 23 for public inspection. The final rule is scheduled to be published in the Federal Register on Dec. 29, 2025, and is expected to take effect on Feb. 27, 2026 (60 days after the final rule’s scheduled publication date).

Key Points:

  • In September, DHS published a Notice of Proposed Rulemaking (NPRM) in the Federal Register to amend certain regulations governing the U.S. Citizenship and Immigration Services process for H-1B registration selection during the annual cap lottery.
  • According to the public inspection notice, DHS “is implementing a weighted selection process that will generally favor the allocation of H-1B visas to higher-skilled and higher-paid aliens, while maintaining the opportunity for employers to secure H-1B workers at all wage levels, to better serve the congressional intent for the H-1B program. This rule will be effective in time for the FY 2027 registration season.”
  • The notice states that “following consideration of all public comments received on the NPRM, DHS is issuing this final rule as proposed in the NPRM, without modifications to the regulatory text.”

Additional Information: BAL will continue to monitor related developments and implementation and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Citizenship and Immigration Services released a policy memorandum on Dec. 19, effective immediately, pausing all pending adjustment of status (AOS) applications under the Diversity Immigrant Visa (DV) Program. The policy also calls for implementing a comprehensive review of the program’s AOS applicant-related policies, procedures, and screening and vetting processes, as well as mandating interviews for certain DV Program applicants.

Key Points:

  • The policy memorandum explicitly directs USCIS personnel to:
    • “1. Place a hold on all pending adjustment of status, ancillary benefits and associated waiver applications, for aliens who are applying to adjust to lawful permanent resident status under the DV Program pending a comprehensive review; and
    • 2. Conduct a comprehensive review of all policies, procedures, and screening and vetting processes for adjustment of status, ancillary benefits and associated waiver applications by aliens seeking adjustment of status under the DV Program.”
  • The interview mandate for certain DV Program applicants states that “all aliens with pending adjustment of status, ancillary benefits and waiver applications meeting these criteria undergo a thorough review process, including an interview for the Application to Register Permanent Residence or Adjust Status (Form I-485) and, if necessary, a re-interview, to fully assess all national security, criminal and related grounds of inadmissibility and deportation.”
  • The pause in certain final adjudications under the DV Program applies to the following applications:
    • Form I‑485, Application to Register Permanent Residence or Adjust Status
    • Form I‑765, Employment Authorization Document under 8 CFR 274a.12(c)(9)
    • Form I‑131, Advance Parole/Travel Document
    • Form I‑601, Waiver of Grounds of Inadmissibility
    • Form I‑212, Permission to Reapply After Deportation or Removal
    • Form I‑824, Action on an Approved Application or Petition
  • The memorandum states, “No other applications, petitions or benefit requests are included in this hold.”
  • Exemptions to the adjudication pause may be granted only in extraordinary circumstances, which “may include applications filed by aliens whose adjustment of status or grant of an ancillary benefit or waiver would serve a U.S. national interest.”
  • Until the pause is lifted by USCIS leadership, no final adjudications, approvals or denials may be issued.

Additional Information: The memorandum notes the pause has been implemented for national security and public safety considerations in alignment with immigration-related executive orders issued on Jan. 20, 2025.

Although the DV Program is run by the U.S. State Department, the State Department has not issued a related announcement at the time of this publication for all other DV Program cases (i.e., non-AOS cases).

The DV Program allows nationals from countries with historically low U.S. immigration rates to apply for a chance to seek permanent residence. Each year, up to 55,000 visas are made available through the program. USCIS previously issued a “hold and review” directive on Dec. 2, 2025, regarding pending asylum and benefit applications for nationals of certain “high-risk” countries.

BAL is closely monitoring USCIS implementation of the memorandum, including potential litigation challenges and emerging guidance. We will issue updates as additional information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Department of Labor (DOL) announced the Employment and Training Administration (ETA) has reopened and extended the public comment period on proposed revisions to the H‑2A Temporary Agricultural Labor Certification Program following the recent lapse in appropriations.

Key Points:

  • The update was published in the Federal Register (FRN) on Dec. 17, 2025, and provides stakeholders an additional 30 days, through Jan. 16, 2026, to request documents and submit written comments.
  • The proposed revisions to the H-2A Temporary Agricultural Labor Certification Program support updates made through ETA and the Wage and Hour Division’s Notice of Proposed Rulemaking, Rescission of Final Rule: Improving Protections for Workers in Temporary Agricultural Employment in the United States (published July 2, 2025).
    • The proposed rule aims to reduce regulatory burdens on employers (e.g., unnecessary costs and administrative complexity) and streamline compliance while maintaining protections for temporary foreign agricultural workers.
    • The proposed rule would also eliminate several employer obligations introduced in April 2024, which the DOL now considers excessive and impractical.
  • According to the FRN, “The comment period for the Notice published Sept. 10, 2025, at 90 FR 43640, is reopened. Consideration will be given to all written comments received by Jan. 16, 2026.” Comments can be submitted here.

Additional Information: BAL will continue to monitor related developments and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The State Department has issued updated guidance implementing two presidential proclamations that suspend visa issuance and/or entry for certain foreign nationals based on security and vetting deficiencies, with updates taking effect on two separate dates: June 9, 2025, and Jan. 1, 2026.

Key Points:

  • Visa issuance suspensions effective Jan. 1, 2026:
    • Beginning Jan. 1, 2026, at 12:01 a.m. EST, the State Department will fully or partially suspend visa issuance and entry for nationals of 39 countries, as well as individuals applying with travel documents issued or endorsed by the Palestinian Authority.
      • According to the update, “The Department of State is fully suspending visa issuance to nationals of 19 countries — Afghanistan, Burma, Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria and Yemen — and to individuals traveling on any travel documents issued or endorsed by the Palestinian Authority, for all nonimmigrant and immigrant visa categories.”
      • Partial suspension of visa issuance will apply to “nationals of 19 countries — Angola, Antigua and Barbuda, Benin, Burundi, Cote D’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia and Zimbabwe — for nonimmigrant B-1/B-2 visitor visas and F, M, J student and exchange visitor visas, and all immigrant visas.”
    • This action implements presidential proclamation 10998 issued on Dec. 16, 2025, and also continues and expands prior restrictions imposed under proclamation 10949.
    • Limited exceptions include but are not limited to:
      • Certain diplomatic and official visa categories
      • Immigrant visas for qualifying ethnic or religious minorities from Iran
      • Specific special immigrant visa categories
      • Dual nationals applying with a non‑designated passport
      • Participants in designated international athletic events
      • Lawful permanent residents
  • Previously implemented suspensions effective June 9, 2025:
    • The State Department continues to enforce earlier visa issuance and entry suspensions that took effect June 9, 2025, under proclamation 10949.
    • These restrictions apply to nationals of 19 countries.
      • According to the update, “The Department of State is fully suspending visa issuance to nationals of Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen for all nonimmigrant and immigrant visa categories.”
    • Exceptions include but are not limited to:
      • Certain diplomatic and official visas
      • Immediate‑relative immigrant visas
      • Adoption‑related immigrant visas
      • Immigrant visas for ethnic and religious minorities facing persecution in Iran
      • Special Immigrant Visas (including Afghan SIVs and U.S. Government Employee SIVs)
      • Dual nationals traveling on a passport from a non‑designated country
      • Lawful permanent residents
    • These earlier suspensions remain in effect and will interface with updates under proclamation 10998 once the new actions take effect on Jan. 1, 2026.

Additional Information: BAL will continue to monitor implementation closely and will issue additional updates as the Department of State releases further operational guidance.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

U.S. Citizenship and Immigration Services provided clarification on certain documentation needed for permanent labor certification–based immigrant petitions for professional athletes following the Department of Labor’s (DOL) adoption of the Foreign Labor Application Gateway (FLAG) system.

Key Points:

  • USCIS issued a policy alert on Dec. 18 regarding the update of Volume 6 of the USCIS Policy Manual to address how the DOL’s FLAG system affects certain immigrant visa petitions (e.g., permanent labor certifications or PLCs) filed on behalf of professional athletes.
  • The clarifications address:
    • An overview of the DOL FLAG system describing the new labor certification–related documentation that must be submitted with Form I-140
    • That DOL regulations exempt professional athletes from the prevailing wage determination requirements
    • How labor certifications that are filed using the FLAG system no longer contain the minimum job requirements for the offered position, as that information is contained in the prevailing wage determination
    • That if an immigrant petition for a professional athlete contains a labor certification obtained through the FLAG system, USCIS may issue a request for evidence to obtain the minimum job requirements if that information is not contained in the labor certification or supporting documentation submitted with the Form I-140

Additional Information: USCIS receives fewer than 100 labor certifications for professional athletes each year, but the clarification affects all major U.S. professional sports teams and their minor league affiliates. Additional Form I-140 requirements and a FLAG system overview can be found in the Policy Manual update.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.