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United States: Immigration update — What employers should know about immigration changes in Q4

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In brief

The Trump administration recently announced wide-ranging immigration policy changes that directly impact most employer-sponsored visa holders. While each update may seem minor or only pertinent to specific cases, they amount to notable changes when viewed collectively. The latest developments highlight the critical importance of staying informed of immigration changes and reviewing internal practices to ensure immigration compliance. Below is a summary of changes most likely to impact companies and their visa-holding employees.

Contents

  1. In more detail
    1. H-1B visa stamping now requires social media vetting, causing significant delays and appointment cancellations in India
    2. Gold Card Program goes live
    3. Employment Authorization Document (EAD) validity and automatic extension changes
    4. Proposed changes to Electronic System for Travel Authorization (ESTA)
  2. Conclusion

In more detail

H-1B visa stamping now requires social media vetting, causing significant delays and appointment cancellations in India

  • All H-1B and H-4 visa applicants are subject to mandatory social media vetting, requiring that applicants set their social media profiles to public. This is an expansion of the social media vetting announced earlier in the year for student visa applicants.
  • This change in policy does not impact US Citizenship and Immigration Services (USCIS) filings and only applies to applicants for visa stamps at US Embassies or Consulates outside of the United States.
  • There have been widespread reports of H-1B visa appointments being cancelled and rescheduled due to the change in policy, particularly in India.

Key takeaway

Employers and employees should be prepared for H-1B and H-4 visa stamping to take longer due to this new process. Employers should know their visa population including H-1B (and H-4) employees who will travel for visa stamping given the possibility of cancellation and/or delay. Employers should have clear policy guidelines regarding remote work and consider contingency plans due to an employee’s extended absence abroad.

Gold Card Program goes live

  • The official website trumpcard.gov went live on December 10, 2025, and is accepting Gold Card applications. The three-step process involves (i) registration and fee payment; (ii) submission of the Form I-140G; and (iii) consular processing to obtain permanent residence.
  • Applicants pay a non-refundable USD 15,000 Department of Homeland Security (DHS) processing fee at submission, after which DHS initiates vetting.
  • Significant financial information and documentary evidence, particularly regarding the source of funds, will be required.
  • After successful vetting, applicants are instructed to make the government specified contribution:
    • USD 1 million for a self petitioning individual (and USD 1 million per accompanying spouse or child), or
    • USD 2 million for a corporate sponsored principal (plus USD 1 million per accompanying spouse or child).
  • The available information leaves open several questions regarding:
    • Timing. The official site states the process “should take weeks” once the fee and application are received, although it does not specify whether this estimate covers the initial portal application and/or I 140G adjudication. Consular processing typically takes several months to complete.
    • Impact of retrogression. A significant volume of applications could result in immigrant visa availability retrogression and extend the gold card process by several months or even years depending on country of birth of applicants.
    • Litigation. It remains unclear whether litigation will occur and, if so, how it would impact the process and/or applications submitted prior to any litigation.
    • Adjustment of status. Public materials to date do not clarify whether Gold Card applicants already in the United States may file Form I 485 to adjust status as an alternative to consular processing.

Key takeaway

Despite the opening of the gold card website and Form I-140G, much remains to be clarified. Interested employers and applicants should consult with legal counsel to consider the risks, including limited details on timing and potential implications of expression of immigrant intent, with the benefits of a potential clear path to permanent residence.

Employment Authorization Document (EAD) validity and automatic extension changes

  • For EAD applications (initial and renewal) filed or pending on or after December 5, 2025, the maximum validity period is reduced from five years to 18 months for: (i) refugees, (ii) asylees (and pending asylum applicants), (iii) adjustment of status applicants, and (iv) those with pending applications for suspension of deportation, cancellation of removal, or Nicaraguan Adjustment and Central American Relief Act (NACARA) relief.
  • For certain parole and Temporary Protected Status (TPS) categories, the maximum EAD validity is now one year or the end of the authorized period, whichever is shorter, for applications filed or pending on or after July 22, 2025.
  • As of October 30, 2025, the 540-day automatic extension for timely EAD renewal filings is eliminated for most categories. Employees in affected categories will lose work authorization the day after their EAD expires unless a new card is issued; they cannot work until the new EAD is received.
    • Employees in affected categories (including H-4 EAD) will lose work authorization the day after their EAD expires unless a new card is issued; they cannot work until the new EAD is received.
    • F-1 OPT STEM applicants are not affected and still receive a 180-day extension; spouses of L and E visa holders are also not affected.

Key takeaway

To avoid unauthorized employment and potential penalties, employers should immediately update their compliance procedures to track EAD expiration dates earlier, file renewals as early as permitted (up to 180 days in advance), and ensure no employee works beyond the EAD expiration unless a new card is issued.

Proposed changes to Electronic System for Travel Authorization (ESTA)

  • US Customs and Border Protection has proposed a new rule that would significantly change the ESTA application process. ESTA, a visa waiver program for citizens of certain countries, has typically been a quick and easy application process for business travelers and tourists.
  • Under the new rule, the ESTA application would become significantly more detailed, including social media usage for the prior five years.
  • Given the significant increase in requested information, processing times are likely to increase, as are the likelihood of ESTA denial.

Key takeaway

If/when the rule becomes final, employers should be aware that the ESTA process will become more cumbersome and time consuming, impact business travel and visitors to the United States. Frequent travelers to the United States should apply for ESTA well in advance of any anticipated travel.

Recent changes highlight the importance of proactive planning for both employers and visa holders. Staying informed and adapting internal processes to meet evolving requirements can help minimize disruptions and avoid costly penalties.

Conclusion

These recent changes highlight the importance of proactive planning for both employers and visa holders. Staying informed and adapting internal processes to meet evolving requirements can help minimize disruptions and avoid costly penalties.

Please contact our Global Immigration and Mobility team for more information.

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Author

Betsy Stelle Morgan is the head of the Firm's Global Immigration and Mobility Practice. Her work has been published extensively in US and international publications. She is ranked in the Hall of Fame, Legal 500, and has been listed in Chambers Global. Ms. Morgan has been a member of the Chicago Management Committee and has held positions on several global Firm committees.

Author

Melissa Allchin is an Attorney in Baker McKenzie's Employment and Compensation Practice with more than eleven years of experience in corporate immigration law. She routinely advises multinational and domestic clients on the strategy, requirements, and procedures to secure visas and work and residence permits and satisfy employment eligibility and other immigration-related regulatory requirements for a global workforce. Melissa frequently speaks on global and US immigration and immigration compliance issues at Firm and client events geared towards global mobility, human resources, and legal professionals. She has been a Member of the Firm's Pro Bono and Diversity Committees.

Author

Matthew Gorman is an associate in the Global Immigration & Mobility practice of Baker McKenzie's Washington, DC office. Matthew advises on corporate and employment-based immigration law, including work visa petitions, permanent residence and immigration compliance. He regularly advises multinational corporations, start-ups, and high-net-worth individuals on the strategy, requirements, and procedures to secure visas, satisfy employment eligibility, and ensure compliance with immigration-related regulatory requirements.
Matt holds more than ten years of experience in immigration law. He is adjunct professor of law in corporate immigration at the University of Maryland Francis King Carey School of Law. He is regularly published in blogs and legal news sites in relation to trends and hot topics in the field of global immigration.

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