Pabian Law Clients,
I hope all is well and that you had a wonderful Thanksgiving holiday! Below, please find our latest update on the recent immigration actions that have occurred in the last two weeks:
Hold on review of all pending asylum and benefit applications
On December 2nd, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum stating that it would be placing a hold on all pending asylum applications (Form I-589). Also, USCIS stated that it will be placing a hold on all pending immigration applications for foreign nationals from countries listed on the travel ban. USCIS will also be re-reviewing approved applications for foreign nationals from these countries. Currently, there are nineteen (19) countries on the travel ban.
U.S. Department of State (DOS) Expands Vetting to H-1B and H-4 Visa Applicants
On December 3rd, DOS announced that it will expand enhanced social media screening and vetting to H-1B and H-4 visa applicants effective December 15, 2025.
Update to Employment Authorization Document (EAD) validity dates
On December 4th, USCIS updated its policy manual to reduce the maximum validity period for EADs for certain categories of foreign nationals. This change is in the government’s continued effort to conduct more extreme vetting and screening of foreign nationals applying to live and work in the U.S.. Under the new policy, foreign nationals with EAD applications pending or filed on or after December 5, 2025 will be impacted. Now, the maximum validity period for those EAD applications will be changed from five (5) years back to eighteen (18) months for the following categories:
- Foreign nationals with pending asylum applications (C08);
- Foreign nationals with pending I-485 (C09);
- Foreign nationals with approved asylum status;
- Refugees;
- Foreign nationals with pending applications for withholding of removal;
- Foreign nationals with pending applications for suspension of deportation, cancellation of removal or relief under NACARA.
For certain categories, EAD applications filed on or after July 22, 2025, will have validity periods for one (1) year or until the end of the program end date (whichever is shorter). Those categories are:
- Temporary Protected Status (TPS) holders;
- Parolees;
- Refugees;
- Spouse of entrepreneur parolee,
This update is very important for employers with workers under the above statuses. Please be aware of the updated validity dates and check in with your workers if their statuses are expiring. Remember that you must reverify workers before their work authorizations expire!
Please also note that these updates do not impact EAD applications filed or approved before the above dates. Those EAD validity periods will remain the same and will not be cut short.
U.S. Department of Homeland Security (DHS) to widen the travel ban
On December 4th, DHS announced that the Administration plans to expand the number of countries covered by the travel ban to over thirty (30) countries. The names of the additional countries have not been reported yet. Although the current travel ban has not had a large impact H-2B employers’ ability to recruit foreign workers since the countries subject to the current travel ban do not include popular countries where we see hospitality organizations recruit, the expansion of the list may soon impact recruiting strategies. Therefore, we will be closely monitoring any changes to the travel ban list.
USCIS announces creation of the Centralized Vetting Center
On December 5th, USCIS announced the establishment of a specialized unit that will centralize the enhanced vetting of foreign nationals. The goal of the Vetting Center is to “strengthen the ability of America’s immigration system to screen out terrorists, criminal aliens, and other foreign nationals who pose potential threats to public safety or who have committed fraud or other crimes.” The Vetting Center will be headquartered in Atlanta, Georgia.
Conclusion
We hope that you find these resources helpful as we all try to make sense of what is really happening in the world of immigration law. Thanks, everyone, and have a great weekend!
Best regards,
Keith and the Pabian Law Team