Trump Vows Crackdown After National Guard Shooting
After an Afghan asylum recipient shot two National Guardsmen in the District of Columbia, killing one and putting the other in critical condition, President Trump vowed to take additional actions against certain noncitizens in the United States or waiting to get in. He called for a halt to asylum decisions, a “permanent pause” on “migration from all Third World Countries,” and an indefinite pause on visas for Afghan nationals, along with reviewing those who were admitted under the Biden administration. He also ordered a review of green card holders from 19 countries and threatened other actions, including denaturalizing “migrants who undermine domestic tranquility” and deporting those who are “non-compatible with Western Civilization.” He said the goal was “achieving a major reduction in illegal and disruptive populations.”
Shortly after President Trump’s post, U.S. Citizenship and Immigration Services (USCIS) Director Joseph Edlow confirmed that USCIS “has halted all asylum decisions until we can ensure that every alien is vetted and screened to the maximum degree possible.” USCIS officers can still work on asylum applications and review cases, but will not approve, deny, or close applications until further notice. He also said that “[a]t the direction of @POTUS, I have directed a full scale, rigorous reexamination of every Green Card for every alien from every country of concern.” The Department of State said the agency has “IMMEDIATELY paused visa issuance for individuals traveling on Afghan passports.” According to reports, there are about 265,000 Afghans outside of the United States whose applications were in the pipeline, including approximately 180,000 Afghan applicants for Special Immigrant Visas who had worked for the U.S. government. A cable sent to all diplomatic and consular posts on November 28, 2025, said that consular officers should reject all immigrant and nonimmigrant visa applications from Afghans, effective immediately. Consular officers were told not to give out any visas to Afghans, including those that have already been printed. Department of Homeland Security Assistant Secretary Tricia McLaughlin said, “Effective immediately, processing of all immigration requests relating to Afghan nationals is stopped indefinitely pending further review of security and vetting protocols. The Trump Administration is also reviewing all asylum cases approved under the Biden Administration.”
The 19 countries whose green card holders will undergo a review include Afghanistan, Burma, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. USCIS said it “will consider relevant country-specific factors when using its broad discretionary authorities” regarding people from these countries. “Effective immediately, I am issuing new policy guidance that authorizes USCIS officers to consider country-specific factors as significant negative factors when reviewing immigration requests,” USCIS Director Edlow said. USCIS said the new policy guidance, “including consideration of country-specific factors such as a country’s ability to issue secure identity documents,” applies to requests pending or filed on or after November 27, 2025. The guidance notes that country-specific factors “include but are not limited to insufficient vetting and screening information that limits USCIS’ ability to assess the risks posed” by people from the identified countries.
A motive for the shootings has not yet been identified. According to reports, the person who shot the National Guardsmen entered the United States under Operation Allies Welcome in 2021 after he had worked with the United States on counterterrorism operations in Afghanistan. He was vetted along with others who came in via that program. The Trump administration granted him asylum earlier this year. His green card was pending.
Afghans in the United States expressed horror at the shootings. An Afghan community coalition said that “[t]wenty years of Afghan-U.S. partnership must not be forgotten.”
USCIS, CBP, ICE Announce New ‘Inflationary Adjustments’ for Certain Fees
On November 21, 2025, U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE) announced increases in fees for certain benefits as mandated by the “One Big Beautiful Bill Act” (H.R. 1) for Fiscal Year (FY) 2026.
- USCIS’s notice lists the adjusted fees, effective January 1, 2026. USCIS warned that “[a]ny immigration benefit request postmarked on or after that date without the proper filing fee will be rejected.” As an example, the fee for an initial asylum or initial parole applicant filing Form I-765, Employment Authorization Document, is increasing from $550 to $560. The notice explains USCIS’s methodology in calculating the fee increases.
- CBP’s notice states that fees are increasing for enrollment in the Electronic Visa Update System (from $30 to $30.75) and the Electronic System for Travel Authorization (from $40 to $40.27), and for those paroled into the United States (from $1,000 to $1,020).
- CBP said that in accordance with H.R. 1, the existing fee for Form I-94 Arrival/Departure Record applications will not change for FY 2026. Accordingly, the total fee to apply for a CBP Form I-94 at a land border port of entry for FY 2026 will continue to be $30, consisting of the $6 land border fee and the $24 H.R. 1 fee. (CBP does not assess a fee for those arriving at air or sea ports of entry because they are not required to submit an application for a CBP Form I-94.)
ICE’s notice states that the adjusted fee amount for individuals removed in absentia and inadmissible individuals arrested between ports of entry is increasing from $5,000 to $5,130.rategic takeaways and FAQs about the $100,000 H-1B Fee.
USCIS Now Accepting Only Electronic Payments for Benefit Requests, With Exceptions
U.S. Citizenship and Immigration Services (USCIS) released a reminder that as of October 28, 2025, it is accepting payments only through Pay.gov for benefit requests filed electronically, with some exceptions. For benefit requests mailed to USCIS, it will only accept ACH debit transactions using Form G-1650, Authorization for ACH Transactions, or credit, debit, or prepaid card payments using Form G-1450, Authorization for Credit Card Transactions.
Those who qualify for an exemption from the requirement to use an electronic payment method should mail the benefit request, with the correct fee payment and a completed and signed Form G-1651, Exemption for Paper Fee Payment, to the appropriate lockbox. Practitioners recommend placing the form on top of the packet (including the cover letter), so USCIS sees the form first.
USCIS said that those requesting an exemption must certify that electronic payment and collection methods are not possible and that they meet one or more of the following requirements:
- They do not have access to banking services or electronic payment systems;
- Electronic disbursement would cause them undue hardship, as discussed in 31 C.F.R. Part 208;
- Non-electronic transactions are necessary or desirable for national security or law enforcement reasons; or
There are other circumstances as determined by the Secretary of the Treasury, as reflected in regulations or other guidance.
USCIS Adjusts EB-5 Fees Under Court Order
On November 18, 2025, U.S. Citizenship and Immigration Services (USCIS) announced adjustments to certain EB-5-related fees under a district court order in Moody v. Noem, issuedNovember 12. The order stayed certain fees codified by the Department of Homeland Security (DHS) in the 2024 Fee Rule, which became effective April 1, 2024. USCIS noted that the court determined that the EB-5 Reform and Integrity Act of 2022 precluded DHS from adjusting EB-5 program fees in the 2024 Fee Rule. DHS and USCIS said they “believe the Court’s decision is incorrect but are working to implement it.”
Effective immediately, USCIS will accept the fees that were in effect until March 31, 2024, which are listed in the “Current Fee” schedule in USCIS’s announcement. USCIS said that in general, petitioners and applicants “should pay fees according to the ‘Current Fee’ schedule, not the higher ‘Previous Fee’ schedule.” However, for items postmarked November 26, 2025, or earlier, USCIS will also accept payment of the Previous Fee. For items postmarked after that date, USCIS will reject petitions or applications that are accompanied by the Previous Fee.
E-Verify Updates Policy Under Supreme Court Order Allowing Termination of 2023 Venezuela TPS Designation
E-Verify released an update on November 14, 2025, related to work authorization, pursuant to a Supreme Court order allowing immediate termination of the 2023 Venezuela Temporary Protected Status (TPS) designation.
E-Verify said that for Forms I-766, Employment Authorization Documents (EADs), the termination means that:
- For beneficiaries of the 2021 designation for Venezuela TPS who do not have an EAD or Form I-94, Arrival/Departure Record, with an October 2, 2026, expiration date, their TPS and employment authorization terminated on November 7, 2025. EADs with a category A12 or C19 and an expiration date of September 10, 2025; March 10, 2024; or September 9, 2022, issued under the 2021 TPS designation of Venezuela were automatically extended until November 7, 2025. Employers must have reverified TPS Venezuela beneficiaries who presented these EADs before they started work on November 8, 2025.
- With a timely filed EAD renewal application, EADs with a category A12 or C19 and an expiration date of September 10, 2025, or April 2, 2025, for TPS beneficiaries who reregistered under the January 17, 2025, extension notice may still be automatically extended for up to 540 days. Employees must present their Form I-797, Notice of Action, indicating that their Form I-765, Application for Employment Authorization (EAD renewal) was received before February 6, 2025.
Shutdown Aftermath: Visa Services Resume, Delays Expected
According to reports, routine visa services have resumed after the federal government shutdown ended on November 12, 2025, after a record 43 days. Federal funding has been extended until January 30, 2026, but delays and backlogs remain. Although funding through fees helped to continue some visa services during the shutdown, staff furloughs and layoffs have led to slowdowns, and coordination among agencies is also an issue. Documenting the reason for any delay is recommended for employers.
The Department of Labor (DOL) announced before the shutdown ended that the Office of Foreign Labor Certification (OFLC) resumed processing on October 31, 2025, of employer requests for prevailing wages and labor certification determinations for temporary and permanent employment in the United States. OFLC’s Foreign Labor Application Gateway (FLAG) system is now accessible, DOL said, as is OFLC’s SeasonalJobs.dol.gov system, an online job registry of H-2A and H-2B temporary job opportunities. Processing and response times may be longer than normal, OFLC said.
The Executive Office for Immigration Review provides updated operational status information for each immigration court. For information about a particular case, check the Automated Case Information System online or at 800-898-7180 (TDD: 800-828-1120) or call the immigration court handling the case.
DOS Expands Public Charge Exclusions, Encourages Visa Officers to Speculate
According to reports, the Department of State sent a cable to diplomatic and consular posts that greatly expands the public charge reasons for excluding visa applicants beyond the current requirements of a medical exam, required vaccines, and screening procedures.
“Certain medical conditions—including, but not limited to, cardiovascular diseases, respiratory diseases, cancers, diabetes, metabolic diseases, neurological diseases, and mental health conditions—can require hundreds of thousands of dollars’ worth of care,” the cable warns. It also includes obesity and age in the list of conditions visa officers should consider, along with the health of dependent family members and potential future scenarios. The cable encourages officers to speculate: “Does the applicant have adequate financial resources to cover the costs of such care over his entire expected lifespan without seeking public cash assistance or long-term institutionalization at government expense?”
Reportedly, the new guidance primarily applies to immigrant visas, not nonimmigrants and short-term visitors.
OFLC Resumes Application Processing; Delays Expected
The Department of Labor (DOL) announced that the Office of Foreign Labor Certification (OFLC) has resumed processing of employer requests for prevailing wages and labor certification determinations for temporary and permanent employment in the United States. OFLC’s Foreign Labor Application Gateway (FLAG) system is now accessible, DOL said, as is OFLC’s SeasonalJobs.dol.gov system, an online job registry of H-2A and H-2B temporary job opportunities.
OFLC said it is “taking all steps necessary to resume application processing.” OFLC anticipates “increased requests for stakeholder assistance, and this means some stakeholders may experience longer than normal processing and response times.”
Court Sets Expedited Briefing Schedule for $100K H-1B Fee Challenge
The judge hearing a legal challenge to a $100,000 fee on employers seeking to sponsor an employee for an H-1B visa has ordered that all legal briefings in the case be completed by December 8, 2025.
Judge Beryl Howell’s order specifies that the government must file its opposition to summary judgment by November 28, 2025. The Chamber and AAU are allowed to file a reply to the government’s arguments, due December 8, 2025. Following completion of the briefing, the court will decide whether to hold oral argument, although Judge Howell recognized that the plaintiffs, the U.S. Chamber of Commerce and the Association of American Universities (AAU), have established that they are entitled to prompt judicial review. As such, according to observers, the judge may be prepared to issue a decision before the end of December.
If the Chamber and AAU prevail, the court could invalidate or enjoin enforcement of the Proclamation nationwide. Regardless of the initial decision, the losing party will have the right of appeal to the District of Columbia Circuit Court. The DC Circuit may allow the Presidential Proclamation establishing the fee to stay in effect or may allow it to stay blocked while the litigation proceeds in the DC Circuit. A final decision would then be more than a year away, but Judge Howell’s initial decision—and whether the DC Circuit allows that decision to go into effect while it considers the appeal—is expected to clarify, for employers and H-1B visa holders, how long they will need to be concerned about the Proclamation and its $100,000 fee.
Please see our recent client alert covering this lawsuit here.
USCIS Receives ‘Overwhelming’ Number of Applications for New ‘Homeland Defender’ Positions
U.S. Citizenship and Immigration Services (USCIS) announced on November 6, 2025, that since starting its hiring campaign for “Homeland Defenders” on September 30, the agency “has received an overwhelming 35,000-plus applications—the most for any position in agency history” and has made “hundreds of job offers,” with more to come.
USCIS said it is seeking “fiercely dedicated, America-first patriots to serve on the frontlines and hold the line against terrorists, criminal aliens, and bad actors intent on infiltrating our nation. This includes interviewing aliens, reviewing applications, and identifying criminal or ineligible aliens.” Among those receiving offers, USCIS said, are “former law enforcement personnel and veterans who have experience serving and protecting their communities and our homeland.” The announcement did not specify what vetting procedures or training Homeland Defenders will undergo to enable them to perform the specified duties of the position. USCIS said it “has cut red tape and can make on-the-spot job offers at upcoming job fairs.”
USCIS Director Joseph Edlow said that USCIS is “not wasting time” and is hiring “at a rapid pace,” and that he looks forward to “onboarding many more Homeland Defenders in the coming weeks.”
United Kingdom: Increases Settlement Timelines and Introduces Contribution-Based Routes
The UK will extend the standard settlement period to ten years while introducing faster routes for high earning and high-skilled applicants.
The United Kingdom is preparing a major shift in how migrants qualify for settlement. The core change is the extension of the general residence requirement from five to ten years, which marks a clear move toward a more selective and contribution-focused system. Faster routes will exist for high earners, founders, investors, and individuals recognized for exceptional talent. These applicants may qualify in as little as three years, signaling the government’s interest in attracting globally competitive professionals. At the same time, certain lower paid workers, individuals who accessed public benefits, and people with irregular immigration histories may face significantly longer timelines. Employers will need to plan workforce strategies with this broader range of settlement periods in mind. Families of UK citizens and key public service workers will still have access to a shorter route, which maintains an element of social balance.
European Union/Schengen Area: EU Extends Internal Schengen Border Checks Through 2025 and 2026
Multiple Schengen states have prolonged internal border controls due to security and migration pressures.
The continuation of internal border checks across the Schengen Area indicates an ongoing struggle to balance free movement with national security concerns. Countries such as France, Germany, Denmark, the Netherlands, Italy, and others have now extended controls into 2025 and 2026. Although these measures are meant to be temporary, they have increasingly become a long-running feature of regional travel. This trend complicates mobility for businesses, cross-border professionals, and residents who rely on predictable movement within the bloc. It also raises economic concerns because controls can slow transport, disrupt supply chains, and create administrative friction. While the Schengen framework was designed to eliminate internal borders, recent geopolitical pressures have led governments to rely on these checks as precautionary tools. Companies with mobile workforces should expect continued variability in travel procedures and should monitor each member state’s specific requirements.
Costa Rica: Costa Rica Unveils Fast Track Immigration Window for Accredited Companies
A new centralized process will offer significantly quicker visa and residency processing for employees of accredited firms.
Costa Rica has launched a streamlined processing channel intended to improve the experience of foreign companies moving talent into the country. The new system provides a single entry point for handling both short-stay visas and temporary residence applications for employees of accredited companies, particularly those operating in free trade zones or other special regimes. The objective is to reduce wait times that previously stretched from weeks to several months. Faster approvals are intended to make the country more competitive in attracting multinational operations, especially in high-growth sectors such as advanced manufacturing and technology. By reducing administrative hurdles, the government hopes to support investment and enhance the business environment. Over time, the program may expand to cover additional visa categories and more types of employers. Companies considering relocation or expansion in Costa Rica will find greater predictability and efficiency when deploying talent.
China: China Expands Visa-Free Access and Digital Border Processing
China will broaden visa-free transit, digitalize entry procedures, and extend multi-entry permissions for professionals.
China is moving toward a more open and technologically streamlined migration environment. Expanded visa-free transit options across major airports and ports are expected to make international travel through China more convenient, particularly for passengers connecting to third countries. The government is also widening access to multi-entry travel documents for professionals working in key economic zones. This approach supports regional collaboration and innovation, especially in areas where cross-border research and investment are central to economic growth. Digital advancements such as facial recognition lanes, online renewal systems, and automated processing at major ports reflect a broader effort to modernize border management. These improvements could significantly reduce wait times for frequent travelers and business visitors. For multinational companies with operations in China, the combination of digital tools and eased travel permissions is likely to strengthen mobility planning and encourage deeper engagement across Chinese markets.
Portugal: Portugal adjusts job seeker visa application procedures
Portugal is modifying how applicants submit and support job seeker visa requests.
Portugal has introduced changes to the job seeker visa process in order to bring more structure and predictability to applications. The adjustments appear aimed at ensuring more complete documentation from the outset and at improving the government’s review capacity. Applicants will need to follow updated guidance for form submission, supporting evidence, and eligibility checks. For individuals hoping to enter the Portuguese labor market, these changes reinforce the importance of demonstrating strong preparation and a clear intent to work. For employers seeking to recruit internationally, the refined process may help ensure a higher quality pool of candidates entering on this visa type. Although administrative updates often feel procedural, they can shape the experience of both migrants and employers by reducing unclear requirements and lowering the risk of refusal. Close attention to the new steps will be important for anyone planning to rely on this route.
Canada: Canada lowers temporary resident intake while reinforcing permanent pathways
Canada will reduce temporary resident numbers but offer structured routes for workers to transition to permanent residency.
Canada is undertaking a deliberate recalibration of its migration system by reducing the overall intake of temporary residents across the coming years. The intention is to stabilize population growth while better aligning immigration levels with housing, infrastructure, and labor market capacity. Despite the reduction in temporary admissions, Canada is creating a clearer pathway to permanent residency for workers who have already contributed to the economy. The plan includes a dedicated quota for transitions from temporary status to permanent residence, signaling recognition of the value of individuals already integrated into Canadian workplaces. Permanent resident targets will remain steady and will continue to prioritize economic classes such as high skilled workers and provincial nominees. Additionally, the goal of increasing Francophone representation outside Quebec highlights an ongoing effort to support linguistic diversity. Employers should prepare for more structured, possibly competitive, temporary worker programs while benefiting from improved retention options.
Klasko News
IN THE NEWS
Jessica DeNisi
Jessica DeNisi’s latest article, EB-5 Regional Center Audits: A Practical Review and Advocacy Roadmap, was published in the Fall 2025 IIUSA Regional Center Business Journal.
RECENT SPEAKING ENGAGEMENTS
H. Ronald Klasko
On November 5, Ron Klasko presented to the Peachtree Group on DHS Proposed Lower EB-5 Fees: Timing, Impact and What to Expect in 2027.
H. Ronald Klasko
On November 6, Ron Klasko hosted a webinar with EB5AN titled When Must EB-5 Funds Be Released to the JCE?
Stacy Shore
On November 6, Stacy Shore presented on PERM recruitment in an ABIL Training Webinar.
Elise Fialkowski
Elise Fialkowski spoke at the Pennsylvania Association of Criminal Defense Lawyers (PACDL) White Collar Seminar in Philadelphia, PA, on a session on ICE Compliance.
H. Ronald Klasko
On November 19, Ron Klasko spoke at the AILA LACC Chapter Conference in Barbados on a panel titled Surviving the Storm Outside: Let’s Litigate.
UPCOMING SPEAKING ENGAGEMENTS
H. Ronald Klasko
On December 2, Ron Klasko will be speaking at the STEP NY Conference in New York, providing immigration updates.
Elise Fialkowski | Natalia Gouz
On December 3, Elise and Natalia will be presenting to the Pennsylvania Bar Institute (PBI) on Immigration Under the Trump Administration – What Every Employment Lawyer Must Know.
ICYMI: RECENT BLOG POSTS AND ALERTS
Cap-Exempt H-1Bs at a Crossroads: Compliance, Collaboration, and the STEM Policy Shift
In this article, Ryan Patterson breaks down what employers need to know about compliance and the STEM policy shift.
EB-5 Regional Center Audits: A Practical Review and Advocacy Roadmap
USCIS audits are transforming EB-5 regional center compliance. Jessica DeNisi’s article breaks down what to expect and how to prepare.
The 2025 Lisa Felix Award: Serena Prammanasudh
Klasko Immigration Law Partners awarded Serena Prammanasudh with the 2025 Lisa Felix award. Read about Serena and the award here.
Denied and Detained: A Significant I-829 Renewal Win for EB-5 Investor
Klasko’s dedicated team secured an I-829 renewal for an investor who had been placed in removal proceedings. This case sets a new precedent for future I-829 renewal cases. Read about the victory for EB-5 investors here.
Expedited Briefing Schedule Set in Lawsuit Challenging the $100K H-1B Fee
A federal judge has set an expedited briefing schedule in the lawsuit challenging the new $100K H-1B filing fee. William Stock covers the latest in this client alert.
FIRM FEATURE
Last month, we gathered for our annual Firmsgiving celebration. This year, we were excited to host it in both Philadelphia and D.C., bringing even more of our team together to share good food, good company, and gratitude.
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This newsletter was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Klasko Immigration Law Partners is an active member.
