The first year of the second Trump Administration brought sweeping changes to the U.S. legal immigration system, with a particular focus on travel, visa issuance, and employment authorization. While many of these developments were rolled out incrementally, their combined effect has been significant: increased uncertainty for foreign nationals and heightened compliance and planning challenges for U.S. employers. Taken together, the policy shifts implemented in the second half of 2025 reflect a deliberate, multi-pronged strategy to restrict mobility and deter the employment of foreign workers, often with little advance notice to those affected.
One of the earliest signals of this shift came in July 2025, when the Department of State (DOS) revised its visa reciprocity schedules. These schedules govern nonimmigrant visa fees, validity periods, and permitted entries based on how U.S. citizens are treated by other countries. While reciprocity adjustments are not new, this round of changes sharply reduced visa validity for nationals of certain countries. In some cases, visas that had previously been issued for multiple years and multiple entries were limited to just three months or converted to single-entry visas. As a practical matter, once a visa expires—or once a single entry is used—the individual must apply for a new visa abroad before reentering the United States after a departure. For employers and employees accustomed to routine international travel and multiple entries without needing a new visa appointment at a United States Embassy or Consulate abroad, these shortened validity periods have introduced new logistical and operational challenges.
Travel flexibility narrowed further in September, when the DOS ended third-country national visa stamping. Under this change, most visa applicants must now apply for visas only in their country of nationality or residence, rather than at U.S. consulates in countries they may be visiting for business or pleasure. This restriction significantly reduced options for foreign nationals who had relied on third-country processing to avoid lengthy appointment backlogs at consulates in their home countries. The restriction also severely limits the flexibility of businesses to send employees to conferences, meetings, or other business trips if their nonimmigrant visa has expired. As later developments would demonstrate, the elimination of third-country visa processing magnified the impact of subsequent policy changes.
That impact became particularly pronounced in December 2025, when the DOS expanded mandatory social media vetting to include professional worker (H-1B and H-4 family member) visa applicants, effective December 15. This expansion followed a June 2025 announcement applying similar requirements to student and exchange visitor (F, J, and M) visa categories. The rollout had immediate and far-reaching consequences, particularly at U.S. consulates in India, where large numbers of visa interviews were abruptly canceled and rescheduled. In many cases, new appointment dates were pushed out by months or even years, with some applicants receiving interview dates as late as mid-2027. The stated rationale was the need for additional time to review applicants’ online histories. Because the policy was implemented with little warning, many professionals were already outside the United States for holiday vacations when the new policy took effect, and are now unable to return while awaiting new interview dates. The situation is further compounded by the inability to seek visa issuance in a third country, leaving many applicants in prolonged limbo.
At the same time, the Administration introduced a significant financial disincentive tied to the H-1B program. In September 2025, a $100,000 fee associated with certain H-1B petitions was announced as a measure intended to discourage the hiring of foreign workers. The announcement generated widespread confusion, as it was initially unclear which petitions would be subject to the fee. USCIS later clarified that the fee primarily applies to H-1B petitions filed for individuals outside the United States. However, an important risk remains: if USCIS determines during adjudication that a foreign national failed to maintain valid status, it may deny an extension or change of status and require the employer to file a new petition subject to the $100,000 fee. This risk has become more acute as visa appointment delays lengthen. If an H-1B worker is stranded abroad and their approval period expires while they are waiting for a visa appointment, the employer may have no choice but to incur the fee in order to facilitate the employee’s return. In some cases, the employer may have no choice but to relocate the employee to an overseas country, depriving the United States of income, sales, and other tax revenues from the employee.
Beyond travel and visa issuance, the latter part of 2025 also brought notable changes to employment authorization. In late October, automatic extensions for most work permits were eliminated. Previously, individuals who timely filed renewal applications could often continue working for a designated period while USCIS processed their cases. In early December, USCIS announced an additional restriction, reducing the validity of certain employment authorization documents from five years to just 18 months. These changes are particularly concerning given existing processing delays, which can already exceed a year for some categories. Because renewal applications generally cannot be filed more than 180 days before expiration, many individuals are likely to experience gaps in work authorization while awaiting adjudication. Employers, in turn, face an increased likelihood of workforce disruptions and heightened compliance obligations.
Compounding these challenges, 2025 also saw the continued expansion of country-specific travel bans. These bans vary in scope, with some countries subject to complete entry suspensions and others facing partial restrictions that affect only certain visa categories. As with prior iterations, the bans add yet another layer of unpredictability to international travel and workforce planning.
When viewed individually, each of these developments presents distinct compliance and operational challenges. When considered together, however, they reveal a broader policy direction that relies on administrative tools to limit foreign worker mobility and participation in the U.S. labor market. In this environment, international travel carries heightened risk, even for individuals with long-standing ties to U.S. employers and valid immigration status. Foreign nationals should carefully assess the necessity of travel outside the United States, and employers should prepare for extended absences, delayed returns, and potential interruptions in work authorization. As immigration policy continues to evolve rapidly—and often without advance notice—proactive planning and informed legal guidance remain essential.
The material contained in this article does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
Reprinted with permission from the January 14, 2026 edition of The Legal Intelligencer© 2026 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. ALMReprints.com – 877-257-3382 – reprints@alm.com.
