DECEMBER 2025 U.S. IMMIGRATION ALERT: Asylum Decision Halt, Public Charge Expansion, and EB-5 Fee Lawsuit Victory

Index

• 1. December 2025 Visa Bulletin Released: Latest Green Card Priority Dates
• 2. Trump Administration and the “Public Charge” Update: New Rule Proposal Released
• 3. Red Alert: Major Shift in Asylum and Refugee Policy
• 4. Approval Rates Drop by 50 Percent: Asylum Courts Under Pressure (TRAC Data)
• 5. Major Changes in Immigration Fees: New $1,000 Charge and EB-5 Fee Rollback

U.S. immigration policy enters December 2025 with major changes affecting asylum cases, refugee reviews, investor visas and filing fees. Decisions made in recent weeks by USCIS and the U.S. Department of State now shape how many applicants will move forward with their cases.

At Gozel Law Firm, we prepared this monthly report to explain what is happening with Green Card processing, the Visa Bulletin, EB-5 filing fees and recent changes in asylum and refugee policy.

1. December 2025 Visa Bulletin Released: Latest Green Card Priority Dates

The U.S. Department of State has released the December 2025 Visa Bulletin, bringing important updates that directly affect Green Card applicants as the year comes to a close.

Which Chart Is USCIS Using in December?

USCIS confirmed that for December, both family-based (FB) and employment-based (EB) Green Card applicants can use the Dates for Filing chart. This means that if your priority date is earlier than the date listed in the bulletin, you may file your Green Card application (Form I-485) together with your Employment Authorization Document (EAD) and Advance Parole.

Key Movements:

1. Family-Based Categories
F2A (spouses and children of Green Card holders) moved forward by one month and is now set at November 22, 2025.

2. Employment-Based Categories
EB-1, EB-2 and EB-3 categories show general forward movement. EB-5 investors from China and India also see progress this month.

3. Religious Workers (EB-4 SR)
After being unavailable for months, this category is now active again.

For full tables and detailed analysis by category and country, including wait times for Turkey, China and India, you can read our full breakdown here:

December 2025 Visa Bulletin: Priority Dates and Key Changes

Diversity Visa Lottery (DV-2026): Annual Cap Reduced to 52,000 and December Cut-Off Numbers Released

The U.S. Department of State’s Visa Bulletin includes two key developments for DV-2026 (Diversity Visa) applicants.

• Annual Visa Cap Reduction: Under NACARA and the National Defense Authorization Act for Fiscal Year 2024 (NDAA), the annual DV-2026 visa limit was reduced from 55,000 to approximately 52,000.
• December 2025 Cut-Off Numbers: For December, the cut-off number for the Europe region is 7,750. Applicants with case numbers below this limit are current and may move forward with processing.
• For the same month, the cut-off number for the Asia region, which includes China, is 10,000. 
• January 2026 Cut-Off Numbers: For January, the cut-off number for Europe is 8,500. For the Asia region (including China), the cut-off number increases to 15,000.

Visas issued under DV-2026 expire at the end of the fiscal year on September 30, 2026. Selectees must complete their applications before this date to avoid losing eligibility.

DV-2027 Registration: No Official Announcement Yet

As of December 2025, the U.S. Department of State has not published an official timeline for the DV-2027 registration period. In prior years, the program typically opened in October, but no dates have been confirmed for this year. Although discussions continue in Congress regarding a proposed $1 electronic registration fee, no official explanation has been given linking this issue to any delay.

Applicants are advised to rely on the U.S. Department of State’s official website and Gozel Law Firm bulletins for the most accurate and up-to-date information.

2. Trump Administration and the “Public Charge” Update: New Rule Proposal Released

One of the most important issues for Green Card applicants, the “Public Charge” review, is back in focus following the release of a new proposed rule by USCIS. The proposal outlines an approach that expands how public charge determinations may be made.

Under the proposed rule, immigration officers may consider not only cash assistance but also certain public support programs when reviewing an application.

These include:

• SNAP (Supplemental Nutrition Assistance Program): food assistance,

• Medicaid: health coverage for low-income individuals, excluding emergency care,

• Housing assistance: government-supported housing or rental programs.

This approach reflects a broader framework than prior guidance that focused mainly on direct cash assistance. The proposal is intended to allow a more complete review of whether an applicant is likely to become dependent on public resources.

Health Status and the “Public Charge” Review

Under the proposed rule, health status becomes more visible as part of the overall review, which means that chronic conditions and general medical history may be considered during case evaluation.

However, under current practice, obesity or medical conditions alone are not grounds for denial. Health issues are reviewed as part of a broader assessment focused on whether an applicant is likely to rely on public resources in the future.

For this reason, applicants should complete Form I-693 (Medical Examination Form) carefully and accurately as part of the process.

Consult Us

The rule released at this stage is a proposal and is not yet in effect as binding law. Still, the possible expansion of the public charge review makes it important for applicants to review their history of public benefit use.

Before filing an application, having an immigration attorney review your case under current rules helps identify potential issues early.

3. Red Alert: Major Shift in Asylum and Refugee Policy

Late November 2025 marked a period of significant change in U.S. asylum and refugee policy.

A. Breaking Update: Asylum Decisions Placed on Hold (November 28)

Following an attack carried out by an Afghan national against the U.S. National Guard, USCIS Director Joseph Edlow released a statement on the social media platform X:

“USCIS has halted all asylum decisions until we can ensure that every alien is vetted and screened to the maximum degree possible. The safety of the American people always comes first.”

This announcement does not mean that new asylum applications are no longer being accepted or that interviews have been canceled. Instead, it refers primarily to cases that are already at the decision stage, which are now temporarily on hold. Final decisions will resume after additional security screening is completed.

This move reflects a broader tightening of asylum policy under the Trump administration, framed as a national security response. Civil rights organizations and immigration advocates have already indicated that legal challenges are likely in the near future.

New Security Measures: Negative Review Policy for 19 “High-Risk” Countries

On November 27, 2025, USCIS issued a new Policy Alert (PA-2025-26) announcing another national security measure. The guidance authorizes immigration officers to treat country-specific factors as a negative discretionary element when reviewing cases tied to approximately 19 countries, including Afghanistan, that are described by the government as high-risk.

This policy affects, in particular:

• Green Card applications (Form I-485)

• Parole requests

• Other discretionary immigration benefits

The guidance does not require automatic denial of applications from these countries. It strengthens the authority of officers to apply closer scrutiny and to weigh nationality as a negative factor during adjudication.

B. Retroactive Review: More Than 200,000 Refugee Cases at Risk

Under an internal memo issued by USCIS Director Joe Edlow on November 21, 2025, a comprehensive retroactive review process was launched for more than 200,000 individuals admitted as refugees between January 21, 2021, and February 20, 2025. Some sources indicate that the number may be closer to 230,000.

According to the memo:

• All refugees admitted during this period will have their files reviewed again,

• Mandatory re-interviews may be required in certain cases,

• Green Card applications (Form I-485) filed by these individuals will not be processed until the review is complete, under an adjudicative hold.

Green Card Applications on Hold: The most serious impact of this policy is that Green Card applications filed by refugees and their family members from this period are now paused. According to internal USCIS guidance, no new decisions will be issued on these cases until security and eligibility reviews are completed.

Risk for Green Card Holders: The memo also states that some refugees who already hold Green Cards may be included in this review process. If a person is found not to meet refugee eligibility criteria, USCIS may take steps to revoke lawful permanent resident status.

4. Approval Rates Drop by 50 Percent: Asylum Courts Under Pressure (TRAC Data)

Independent research shows that asylum cases in U.S. Immigration Courts have become significantly harder over the past two years. A report published on November 18, 2025, by TRAC (Transactional Records Access Clearinghouse) at Syracuse University points to a sharp decline in approval rates.

According to TRAC data, asylum approval rates fell from 38.2 percent to 19.2 percent between August 2023 and August 2025. This indicates not only longer processing times, but also a much lower chance of approval.

In addition to the falling approval rates, growing differences in decisions among immigration judges have made outcomes more unpredictable. The same legal arguments can now lead to very different results depending on the court.

As a result, preparing an asylum case on a strong legal and factual basis has become more important than ever. Errors or missing documentation now carry far greater risk than in previous years.

Official Source: TRAC (Transactional Records Access Clearinghouse), Asylum Grant Rates Cut in Half, November 18, 2025

5. Major Changes in Immigration Fees: New $1,000 Charge and EB-5 Fee Rollback

USCIS introduced new fees and rolled back others following court decisions.

A. New “Immigration Parole” Fee: $1,000

DHS introduced a new $1,000 parole fee starting October 16, 2025. The fee applies to certain individuals who enter the U.S. using parole or receive parole while already in the country.

It covers people applying for parole from abroad for humanitarian reasons, those receiving Parole in Place, parole extensions and selected humanitarian cases approved by DHS.

If you already have a pending Green Card application (Form I-485), this fee does not apply to you, even if you travel and return to the U.S. during the process.

Applicants should also be aware that USCIS has sent incorrect payment notices in some cases. If you receive a request for payment and your Green Card case is still pending, do not pay without first checking with your attorney.

The fee is collected only after parole is approved, not when you file Form I-131. Payment is usually requested at entry or through a USCIS notice after approval.

Failure to pay may delay approval or lead to a denial of parole.

B. EB-5 Investor Visa Fee Rollback

There is also positive news for EB-5 investors. Fee increases that USCIS introduced on April 1, 2024, raising certain EB-5 application costs by more than 100 percent, were canceled by federal court order.

This ruling provides immediate financial relief for both individual investors and regional centers. For details on the current fee structure and what this change means for investors, see our analysis here: EB-5 Visa Fee Update 2025

C. Inflation Adjustment for Certain USCIS Fees (Effective January 1, 2026)

USCIS announced that under H.R. 1, certain immigration form fees will increase due to inflation beginning January 1, 2026.

This change affects in particular:

• Certain fees related to asylum applications,

• Employment Authorization Document (EAD, Form I-765) filings,

• Temporary Protected Status (TPS) applications.

The new fees apply to applications mailed on or after January 1, 2026. Filings submitted with incorrect or outdated fees may be rejected due to insufficient payment.

A full table showing which forms are affected and how fees have changed is available here: Immigration Fees: Inflation Adjustment 2026

December 2025 marks a clear tightening in U.S. immigration policy, not just another month on the calendar. While some developments in the Visa Bulletin are positive, changes tied to the Public Charge review and expanded refugee screening signal a more complex and risk-sensitive process overall.

If your case may be affected by these changes, moving forward with guidance from an experienced immigration legal team is important.

Schedule a consultation:
At Gozel Law Firm, we are ready to review your case in light of current policies and updated filing requirements.

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