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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

What’s New and Why It Matters

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The end of 2025 brought a fast-moving series of immigration developments with direct implications for hiring, compliance and workforce planning. USCIS issued a sweeping pause on immigration benefits for nationals of 19 countries, DHS terminated several TPS designations, the new $100,000 H-1B visa fee is being challenged, field offices expanded interview requirements and the Department of State (DOS) broadened its public-charge scrutiny. These shifts will affect processing times, work authorization continuity, and employer compliance obligations heading into 2026.

Coalition of States Challenges Legality of Trump’s Unprecedented $100K H-1B Fee

In December, a coalition of 20 states led by California filed suit against the Trump administration challenging the newly imposed $100,000 H-1B visa fee, arguing that the unprecedented surcharge violates the U.S. Constitution, the Administrative Procedure Act and Congress’ intent for the H-1B program. California Attorney General Rob Bonta emphasized that the fee far exceeds USCIS’s cost-recovery authority and would impose unlawful financial burdens on employers, particularly in education and healthcare, where H-1B workers are critical to addressing severe labor shortages. The Department of Justice, defending the policy, maintains that the presidential proclamation establishing the fee is insulated from judicial review under the INA’s broad entry-restriction powers. Litigation remains ongoing as the fee is slated to apply to the next H-1B cap lottery in early 2026.

Pause on Immigration Benefits for Nationals of 19 Countries

As part of a new “hold and review” directive prioritizing national-security and public-safety vetting, the Trump administration has announced an immediate pause on immigration benefits for individuals born in or holding citizenship from 19 designated countries, triggering significant implications for employers supporting current foreign national employees or sponsoring new hires. USCIS has also ordered a comprehensive re-review of all approvals granted to individuals from these 19 countries on or after Jan. 20, 2021. Moreover, it has issued instructions to pause decisions across multiple benefits categories, creating likely delays, potential status disruptions and work-authorization gaps. Early reports suggest the list may expand to additional countries, and there has been no announcement on the end date for the freeze.

This significant action affects both pending and, in some cases, approved applications. Individuals from the listed countries may face halted processing, new interviews or renewed eligibility reviews under security-related inadmissibility provisions. Even long-term U.S. workers could see unexpected delays in routine filings such as extensions, EAD renewals or green card steps. USCIS officers will conduct case-by-case reassessments that may include interviews or re-interviews, identity verification and review of any derogatory information identified through expanded security screening.

The current list of countries affected includes: Afghanistan, Burma (Myanmar), Burundi, Chad, Republic of Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela and Yemen.

Employers should identify impacted employees, prepare for possible extended adjudication holds, pause non-essential international travel and consult with immigration counsel before making hiring or mobility decisions involving affected nationals. Strengthening I-9 and reverification procedures now can reduce compliance risk as adjudications slow across the system.

Temporary Protected Status (TPS) Updates for 2025 – 2026

The Department of Homeland Security (DHS) issued several significant TPS decisions in late 2025, resulting in a narrowed list of countries whose nationals remain eligible for TPS-related protections and work authorization. Employers with TPS beneficiaries should be aware of recent terminations and approaching end dates. The following countries have already had their TPS terminated in 2025: Afghanistan, Cameroon, Nepal, Honduras and Nicaragua. The following countries face TPS termination in the coming months:

Burma (Myanmar): Termination was announced on Nov. 25, 2025, with the termination becoming effective on Jan. 26, 2026.

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South Sudan: TPS was terminated on Nov. 5, 2025, with benefits ending Jan. 5, 2026.

Venezuela: The 2023 TPS designation was terminated and allowed by the Supreme Court to take immediate effect on Oct. 3, 2025. Workers with EADs issued on or before Feb. 5, 2025, that list an expiration date of Oct. 2, 2026, will retain work authorization until that date. The 2021 TPS designation was terminated on Nov. 7, 2025.

Ethiopia: DHS announced on Dec. 12, 2025, and confirmed by Federal Register notice on Dec. 15, 2025, that TPS for Ethiopia will terminate effective Feb. 13, 2026.

Haiti: TPS benefits will no longer be in effect as of Feb. 4, 2026.

Syria: Although TPS designation was scheduled to terminate on Nov. 21, 2025, the Southern District of New York has issued an order staying this termination. Litigation remains pending.

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Employees from the following countries continue to hold TPS eligibility unless otherwise noted by future DHS action: El Salvador, Lebanon, Somalia, Sudan, Ukraine and Yemen.

Employers should confirm upcoming TPS expiration dates for affected employees, update reverification calendars and consult immigration counsel before taking any employment action tied to TPS status. Given ongoing litigation and potential policy shifts, employers should monitor DHS updates closely, as additional changes may occur with limited notice.

Recent reports indicate noticeable shifts in how USCIS field offices are conducting interviews. Many offices are reducing or eliminating interview waivers for both family-based and employment-based adjustment cases, leading to longer processing times and fuller interview calendars. Officers are also conducting more comprehensive N-400 naturalization interviews, often asking every question from Part 9 (“Additional Information About You”), instead of relying on summaries. In several cities, field offices have begun Stokes-style interviews for marriage-based filings, where the petitioner and beneficiary are separated and questioned individually.

Employers and HR teams supporting adjustment cases should:

Set expectations early with employees about the increased likelihood of interviews and longer processing times.

Prepare applicants for detailed questioning, especially regarding prior travel, status history and supporting documentation.

Monitor field office communications closely and confirm interpreter and attorney appearance rules in advance.

For employees with potential admissibility or status issues, coordinate legal review before the interview to minimize risk of delays or enforcement actions.

Bona Fide Termination or Back Pay Exposure (H-1B, H-1B1 and E-3)

The Department of Labor continues to enforce strict liability for employers that fail to complete a bona fide termination when ending employment for H-1B, H-1B1 or E-3 workers. To end wage obligations, an employer must meet three requirements: notify the employee of termination, inform USCIS so that the petition can be withdrawn and offer or pay for the employee’s return transportation to their home country. If any of these steps are missed, the employer can remain liable for back pay through the entire period of the underlying Labor Condition Application, even if the employee has stopped working or joined another employer.

Employers should maintain a written termination checklist that includes these three elements and document proof of completion for each step. For workers admitted under H-1B1 or E-3 status obtained directly through a U.S. consulate, employers should still send a termination notice to USCIS and retain delivery records. These small procedural steps can prevent significant financial exposure, as Wage and Hour Division investigations have resulted in large back-pay awards for employers who failed to properly document the end of employment.

DOS Cable: Broader Public Charge Scrutiny (INA 212(a)(4))

The DOS has issued new guidance directing consular officers to apply a broader interpretation of the public charge ground of inadmissibility when reviewing visa applications. The Nov. 2025 cable emphasizes closer examination of an applicant’s health, education, language ability, financial resources and prior receipt of public assistance. Officers are instructed to request additional medical analysis when an exam suggests a chronic condition, even one that does not trigger a Class B medical finding, and to weigh that condition as part of the overall financial risk assessment.

Employers should anticipate longer and more detailed interviews for visa applicants, especially when the company is providing financial support or when the applicant’s personal circumstances could raise questions about self-sufficiency. Reviewing supporting documentation in advance, including job offer letters, wage evidence and any affidavits of support, can help establish the employee’s financial stability and continued access to employer-provided benefits.

If you have questions about how these developments affect your workforce strategy, onboarding timelines or compliance posture, reach out to the Warner immigration team. We are tracking these policy shifts in real time and can help you plan filings, adjust budgets, and align your immigration strategy with evolving agency practices. Whether you need guidance on reverifications, payment transitions or field office trends, our team can help you stay compliant and keep your talent plans on schedule.

Talent Without Borders

Partner

Sarah R. Bileti

Associate

Christopher M. LeClair

Immigration

Employer Roundup (End of 2025)

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Employer Roundup (End of 2025)

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