December 2025-January 2026 U.S. Immigration Bulletin: H-1B, EAD, DV Lottery, and Key Updates

Index

• Expanded Social Media Review for H-1B and H-4 Visas
• USCIS has reduced the maximum validity period for some EADs to 18 months (as of December 5, 2025)
• Trump Gold Card applications are now open
• USCIS tightens biometric photo rules (December 12, 2025)
• The Trump administration has suspended the Green Card Lottery process: DV visas are temporarily not being issued (December 2025)
• USCIS tightens evaluation criteria for VAWA applications (December 22, 2025)
• H-1B lottery system is changing: “weighted selection” based on salary level is coming (February 2026)
• Expanded U.S. “Travel Ban” for 2026

December 2025 ended with a series of changes directly affecting immigration processes in the United States. The expansion of social media reviews for H-1B and H-4 visas, the shortening of some employment authorization document (EAD) periods, and the tightening of biometric photo rules are steps that will make the 2026 application process and file preparation more sensitive.

During the same period, an official announcement was made regarding the suspension of Green Card lottery visa printing and the postponement of the DV-2027 lottery.

On the H-1B side, there is a significant change ahead of the upcoming registration period: the selection system will move away from the random lottery logic where everyone participates with equal chances and will instead be weighted based on salary levels.

Here are the developments announced in December 2025 and their potential impact on your immigration plans as of January 2026:

Expanded Social Media Review for H-1B and H-4 Visas

Effective December 15, 2025, the U.S. Department of State will expand the “online presence review” requirement to include H-1B visa applicants and H-4 family members at the consular stage. This review will now be conducted as standard for H-1B and H-4 applications, as well as for F, M, and J applications (for students and exchange programs), which were previously covered.

The official announcement also clearly states that in order for this screening to be carried out, all social media profiles of relevant applicants, including H-1B and H-4, must be set to “public” privacy settings.

In practice, this change may result in greater scrutiny (administrative processing/221(g)) and longer processing times, especially for H-1B workers and H-4 family members applying for or renewing visas at consulates outside the U.S.

According to the official text, the purpose of the review is to identify applications that are "ineligible for a visa" or that could pose a national security or public safety risk.

Official source: Announcement of Expanded Screening and Vetting for H-1B and Dependent H-4 Visa Applicants

USCIS has reduced the maximum validity period for some EADs to 18 months (as of December 5, 2025)

USCIS announced a policy change reducing the maximum validity period of Employment Authorization Documents (EADs) issued in certain application categories from 5 years to a maximum of 18 months, effective December 5, 2025.

According to USCIS, this 18-month upper limit will apply to those admitted as refugees, asylum seekers, individuals granted withholding of removal, and applicants whose asylum or withholding applications are pending.

Likewise, individuals who are waiting for a Green Card application through a change of status under INA 245 (Form I-485) and those waiting for "cancellation of removal" or NACARA-type applications under certain removal proceedings (deportation) are included in this category as well.

This change is significant in practice because it creates a more frequent need for renewal for groups who obtain EADs through an ongoing application or protection process rather than through permanent status. The application may affect not only new EAD applications but also files that are currently pending and will be finalized in the future. The reason is that the validity period given when the card is printed may be determined according to the new policy ceiling. (At this point, the EAD category code and decision date are decisive.)

Official Source: Policy Alert - Employment Authorization Validity

Trump Gold Card applications are now open

As of December 2025, the application process for the Trump Gold Card has been launched through the government's official .gov portal. According to the information on the portal, the application begins with an online application + a non-refundable processing fee ($15,000), followed by a security and background check (vetting) conducted by DHS/USCIS. If the review is completed positively, the applicant (or corporate sponsor) is directed to make a “gift” payment.

The legal basis for this program is Executive Order 14351 (“The Gold Card”) dated September 19, 2025. The order provides for the Gold Card program to be administered under the coordination of the Department of Commerce, with eligibility supported by a “donation” of $1 million for individual applications and $2 million per person for corporate sponsorships.

The portal also states that a successful application will be linked to an EB-1 or EB-2 classification, meaning that the final status will be on the “lawful permanent resident” (Green Card) path. Spouses and unmarried children under the age of 21 can be included. The website notes that there is an additional processing fee and donation amount for each family member.

For more details, read our blog post: Trump Gold Card (2025): Requirements, Benefits, Price, and How the I-140G Process Works

USCIS tightens biometric photo rules (December 12, 2025)

USCIS has tightened rules regarding the reuse of previously taken identity photos in immigration applications, as outlined in its December 12, 2025 Policy Alert (PA-2025-29). Under the new policy, USCIS only allows an applicant to reuse a photo taken during a previous biometric appointment (BSA/ASC) if it was obtained within the last 36 months (3 years) as of the application date.

The policy also clarifies two critical points:

Certain forms require new biometrics (including a new photo) under all circumstances: Photo “reuse” will not be permitted for forms N-400, N-600, I-90, and I-485.

It explicitly states that it will not use or reuse photos uploaded/submitted by the applicant for document production.

The update was announced with a focus on identity verification and fraud prevention, citing that the longer “reuse” windows implemented during and after the COVID period could increase the risk of producing secure documents with very old photos.

This change may mean that more applicants will be called for an ASC biometrics appointment throughout 2026, increasing the need for calendar/logistics planning. Additionally, the agency retains the discretion to request new photos if deemed necessary, even within the 36-month window.

The Trump administration has suspended the Green Card Lottery process: DV visas are temporarily not being issued (December 2025)

The Trump administration has effectively halted the ongoing processes under the Diversity Visa (DV) Lottery (Green Card lottery) on two separate grounds.

The Department of State (DOS) announced in an official statement dated December 23, 2025, that it was immediately suspending the issuance of visas for “diversity immigrant visa” applications. According to the DOS, applicants can still attend interviews and appointments will continue to be scheduled, but no DV visas will be issued during this period and no exceptions will be made.

In the same announcement, DOS cited the need to reassess the security screening and vetting processes for the DV program following the attack at Brown University and the shooting of an MIT professor.

Can DHS suspend the Green Card lottery on its own?

The DV Program (Diversity Visa Program) is a visa category defined by law by Congress. The Visa Bulletin's basis for the DV category and annual visa framework are also tied to this provision. Therefore, permanently eliminating the program is not the same as temporarily suspending its operation. A permanent change usually triggers direct discussions about authority and legislation.

What are the risks for lottery winners in 2026?

• Time risk for DV-2026: The basic rule that those selected in the lottery must obtain a visa within the fiscal year they are selected remains in place. If the wait is prolonged, files may become backed up due to the calendar.
• “Interviews but no visas” situation: Since DOS has stated that appointments will generally not be canceled but has halted visa issuance, many people are likely to be unable to get results even though they appear to be progressing through the process.
• Need for strategic planning: As the fiscal year (FY2026) comes to a end, different action plans can be considered depending on the stage of the file. This part varies depending on the country, file type, and stage of the process.

Official source: Diversity Visa Issuance Updated Guidance

USCIS tightens evaluation criteria for VAWA applications (December 22, 2025)

USCIS revised its guidance on how VAWA (Form I-360) applications will be evaluated in its December 22, 2025 Policy Alert (PA-2025-33). The agency announced this change to “preserve program integrity” and clarify practices following findings of abuse/fraud. The update is effective as of December 22, 2025, and according to USCIS, will apply to VAWA petitions pending on or after that date.

One of the key points in the update is a clearer emphasis on VAWA cases where the applicant can demonstrate that they lived at the same address as the abuser while the relationship was ongoing. USCIS's summary states that the applicant must be able to document the fact that they lived together during this period of the relationship.

A separate announcement published on the same day provides additional clarification regarding the privacy protections under 8 U.S.C. §1367. This section could directly impact processes such as information sharing, secure communication, and representative access in VAWA (and similar T/U) cases.

These developments could create a greater need for consistency in documentation, particularly regarding the nature of the relationship and living together, in VAWA cases throughout 2026. This is also important for those with pending cases, as USCIS states that this guidance will also apply to pending cases.

H-1B lottery system is changing: “weighted selection” based on salary level is coming (February 2026)

DHS is fundamentally changing the electronic registration selection system under the H-1B cap (annual quota). Instead of a random lottery approach, registrations will now be selected in a weighted manner based on fee/salary level. The final rule takes effect on February 27, 2026, and the system will be implemented in time for the March 2026 registration period for FY 2027.

USCIS/DHS will assign each registration a different “weight” in the selection pool based on the OEWS wage level (Level I–IV) reported during registration:

• Level IV: 4 times into the pool
• Level III: 3 times
• Level II: 2 times
• Level I: 1 time.

This increases the likelihood of selecting positions with “high wage levels” but does not completely exclude lower levels.

Does “multiple entries” now provide an advantage in the H-1B lottery?

No. The rule clarifies that if there are multiple entries for the same person (beneficiary), that person will be evaluated based on the lowest wage level in the selection. Therefore, submitting multiple entries from different employers or with different wage levels may not provide a practical advantage. In fact, a low-level entry may pull the others down.

Since the wage level now directly affects the “chance of selection” in the registration process, the structure of the job offer (position/wage/location) becomes more critical.

For more details, read our blog post: H-1B Visa 2026 Lottery Guide: How Will the New Selection System (Wage Level) Work?

Expanded U.S. “Travel Ban” for 2026

A Presidential Proclamation dated December 16, 2025 (Proclamation 10998) took effect at 12:01 a.m. Eastern Time on January 1, 2026, establishing full or partial entry restrictions for nationals of 39 countries.

DOS later confirmed, in a December 19, 2025 notice, that visa issuance and entry are being fully or partially suspended for covered nationals under this Proclamation.

The Proclamation is limited in scope: it mainly affects foreign nationals who were outside the United States on January 1, 2026 and did not have a valid visa on that date. Visas issued before January 1, 2026 are not revoked under the Proclamation, and several exceptions remain in place (including for green card holders, certain A/G/NATO visas, and case-by-case national interest situations).

It creates two country lists: a full suspension (19 total) and a partial suspension (20 total).

The full suspension covers Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen, and adds Burkina Faso, Laos, Mali, Niger, Sierra Leone, South Sudan, and Syria.

The partial suspension continues for Burundi, Cuba, Togo, Venezuela, and Turkmenistan (modified), and adds Angola, Antigua and Barbuda, Benin, Côte d’Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe.

In the partial-suspension group, the restrictions generally target immigrant visas and select nonimmigrant categories (commonly including B-1/B-2, F, M, and J), and may also reduce visa validity depending on the country-specific rules.

Official Source: U.S. Department of State: Suspension of Visa Issuance to Foreign Nationals (DOS implementation notice)

Additional step from USCIS: Decisions on pending applications within the US may be delayed

USCIS announced in its internal directive dated January 1, 2026 (PM-602-0194) that some files in the final decision stage of pending applications at USCIS for individuals with ties to countries covered by Presidential Proclamation 10998 may be held. The memo states that this approach may be applied regardless of when the individual entered the United States.

The “hold” referred to by USCIS here means that the file may continue to be processed, but the process may be suspended without reaching a final decision, such as approval or denial. The agency also states that criteria such as citizenship and country of birth may be considered in practice when evaluating “country connection.”

Official Source: USCIS: Policy Memorandum PM-602-0194 (Jan. 1, 2026)