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On Oct. 12, 2022, the Department of Homeland Security announced a new migration process for Venezuelan nationals. Eligible Venezuelan nationals and their immediate family members may request advance authorization for travel and temporary parole for up to two years in the United States, including work authorization. Parolees must have a supporter in the United States who will provide financial and other support, among other requirements. In order to start the process, the supporter must file a Form I-134, Declaration of Financial Support, with USCIS for each proposed beneficiary. The form includes information on the income and assets of the supporter.

If the Form I-134 is deemed to be sufficient, the beneficiary will be contacted by USCIS to continue the request process, proving additional information and attestations of eligibility to USCIS. In order to be eligible for advance travel to the United States to request parole at the border, a person must:    

  • Be a national of Venezuela or be an immediate family member (spouse, common-law partner, or unmarried child under the age of 21) of an eligible Venezuelan and traveling with them;
  • Possess a passport valid for international travel;
  • Be outside the United States;
  • Have a U.S.-based supporter who filed a Form I-134 on their behalf that USCIS has vetted and confirmed;
  • Provide for their own commercial travel to a U.S. airport and final U.S. destination;
  • Undergo and clear required screening and vetting;
  • Not be a permanent resident or dual national of any country other than Venezuela, and not currently hold refugee status in any country;
    • This requirement does not apply to immediate family members (spouse, common-law partner, or unmarried child under the age of 21) of an eligible national of Venezuela who they are traveling with.
  • Not be an unaccompanied child;
    • Children under the age of 18 must be traveling to the United States in the care and custody of their parent or legal guardian.
  • Not have been ordered removed from the United States within the past 5 years or be subject to a bar based on a prior removal order;
  • Not have crossed irregularly into the United States, between ports of entry, after Oct. 19, 2022;
  • Not have unlawfully crossed the Mexican or Panamanian borders after Oct. 19, 2022; and
  • Comply with all additional requirements, including vaccination requirements and other public health guidelines.

When the Venezuelan national arrives at the United States port of entry, there will be additional screening and vetting. If granted parole, it will typically be for two years. Once granted parole, Venezuelan nationals may apply for employment authorization and request a social security number.   Parolees should note that their parole will be terminated if they depart from the United States without obtaining advance authorization to travel, among other restrictions. Venezuelan nationals wishing to request permission for advance travel and parole may wish to contact an immigration attorney to discuss the eligibility requirements. Additional information is also available on the USCIS website.

*Special thanks to Jessica DeNisi for her valuable contributions to this GT blog post.

On a second trip to the House floor in a week, HR 549 (the Venezuela TPS Act of 2019) was passed by the House with a bipartisan vote of 272-158. The bill failed to obtain two-thirds of the House for suspension calendar passage on July 23 and was resurrected by sponsors on July 24 for reconsideration in the House under a simple majority vote for passage.

As summarized by Congressional Quarterly:

This bill grants temporary protected status (TPS) to Venezuelans in the United States for an initial period of 18 months. It expresses the sense of Congress that Venezuela’s economic, humanitarian, security, and refugee crisis has resulted in extraordinary and temporary conditions that currently prevent Venezuelan nationals from safely returning to Venezuela.

Under the measure, to be eligible for TPS status the individual must have been continuously present in the United States since the bill’s enactment, be otherwise admissible to the United States as an immigrant, and register for TPS status with the Homeland Security Department.

Individuals granted TPS status under the bill may travel outside the United States as long as he or she demonstrates than an emergency or an extenuating circumstance beyond their control requires them to travel.

The bill requires TPS applicants to pay a surcharge of $360 in addition to any other application fees, although the Homeland Security secretary could waive the surcharge.

Besides being yet another immigration bill passing either body of Congress, this bill uniquely “legislates TPS” status for Venezuela outside the existing executive process. Advocates hope that strong passage in the House will encourage the Senate to act quickly, perhaps as soon as next week before August recess.   

For more on Temporary Protected Status, click here.

The Venezuelan opposition-controlled National Assembly recently acknowledged the significant obstacles for Venezuelans in extending or obtaining new passports, and issued a decree extending the validity of already issued Venezuelan passports for five years.

The U.S. Department of State announced on June 7 it will recognize the decree and accept Venezuelan passports accordingly. This is positive news for Venezuelans applying for U.S. visas and seeking entry into the United States, as their passports will now be considered valid for an additional five years beyond the printed date of expiration.

Other countries have also endorsed this mandate by opposition leader Juan Guaidó, whom the United States and over 50 other nations consider Venezuela’s legitimate president. Venezuelan passport holders should continue to monitor this situation regarding any upcoming international travel and consult destination countries’ policies on the matter.

For more on Venezuela, click here.

The landscape for Temporary Protected Status (TPS) and humanitarian parole continues to change rapidly, creating uncertainty for hundreds of thousands of foreign nationals and posing significant compliance challenges for U.S. employers.

Recent developments involving Haiti, Venezuela, Ukraine, and other TPS-designated countries demonstrate that temporary immigration protections may change quickly due to government action, federal court decisions, and evolving agency guidance. Employers and foreign nationals should carefully evaluate how these developments might affect employment authorization, Form I-9 compliance obligations, and long-term immigration planning.

Haiti TPS: End of Protection Creates Urgent Need for Planning

One of the most significant recent developments involves the termination of Haiti’s TPS designation. Haiti TPS beneficiaries have relied on temporary protection and employment authorization for several years due to ongoing country conditions. However, DHS announced the termination of Haiti TPS, and after litigation-related delays, the termination process has moved forward. As a result, affected Haitian nationals may lose both protection from removal and employment authorization unless they qualify for another form of immigration relief.

For employers, Haiti TPS presents a significant Form I-9 compliance issue. Employees who previously relied on TPS-related Employment Authorization Documents may have received extensions or continued work authorization based on litigation or government notices. Employers may not rely on the expiration date printed on an EAD card without reviewing the applicable USCIS guidance and determining whether the employee continues to have valid work authorization. Affected individuals may also wish to evaluate whether they have alternative immigration options, including employment-based sponsorship, family-based immigration, asylum, or other available humanitarian pathways.

Venezuela TPS: Multiple Designations Create a Complicated Legal Landscape

Venezuelan nationals face one of the most complicated TPS situations because Venezuela has been designated for TPS twice, creating two different categories of beneficiaries with different eligibility timelines and employment authorization considerations.

DHS actions seeking to terminate Venezuelan TPS have been challenged through litigation, resulting in a shifting legal landscape. The status of Venezuelan TPS beneficiaries has depended on factors including the applicable designation, registration period, court decisions, and subsequent USCIS guidance. This means that Venezuelan TPS holders must not be evaluated as a single group. Two Venezuelan nationals with TPS may have different rights depending on when they registered, which designation applies to them, and whether their work authorization has been extended through agency action or court order.

Employers with Venezuelan TPS employees should carefully review each employee’s documentation and applicable Form I-9 guidance before taking any action based on an EAD expiration date. Similarly, Venezuelan nationals should consider whether they have options beyond TPS, including employment-based immigration, family-based options, asylum, or other forms of relief. The uncertainty surrounding Venezuelan TPS highlights the broader challenge with relying on temporary humanitarian protections as a long-term immigration strategy.

Ukraine: Humanitarian Parole Requires Long-Term Planning

Ukrainian nationals in the United States have largely relied on humanitarian parole programs, including Uniting for Ukraine, rather than TPS. Unlike TPS, humanitarian parole is inherently temporary and does not provide a direct path to permanent residence. Individuals who entered through parole may wish to track their parole expiration dates and determine whether they qualify for another immigration benefit before their authorized stay expires.

Depending on their circumstances, Ukrainian nationals may qualify for other options, including employment-based sponsorship, family-based immigration, asylum, or other humanitarian protections. However, continued reliance on parole alone may create uncertainty as parole periods approach expiration. Employers should also be aware that an employee who initially received work authorization through a humanitarian parole program may require careful review when employment authorization must be reverified.

Other TPS Designations Remain Uncertain

Beyond Haiti and Venezuela, several other TPS designations remain subject to changing government policy and litigation. Countries affected include Afghanistan, Burma (Myanmar), Cameroon, Ethiopia, Honduras, Nepal, Nicaragua, Somalia, South Sudan, and Yemen, among others. The result is a complex patchwork where protections may differ based on country, registration date, litigation status, and the specific government guidance currently in effect.

Employer Compliance Considerations

For employers, the current environment requires careful attention to Form I-9 compliance.

Employers may wish to:

  1. Review current USCIS guidance before reverifying employment authorization for TPS and humanitarian parole employees.
  2. Avoid making employment decisions based solely on an expired EAD without determining whether an extension applies.
  3. Maintain consistent procedures for employees whose work authorization depends on temporary programs.
  4. Monitor developments affecting countries represented in their workforce.

Employers should also consider conducting proactive reviews of their workforce to identify employees whose work authorization depends on TPS, parole, or other temporary programs.

Temporary Protection Requires Permanent Planning

TPS and humanitarian parole provide critical protection during periods of crisis, but they are temporary solutions. Recent developments involving Haiti, Venezuela, Ukraine, and other countries demonstrate the importance of evaluating longer-term immigration strategies. Foreign nationals relying on temporary protections should consider whether they qualify for permanent immigration options before their current status or work authorization expires. Employers may also want to take a proactive approach to immigration planning to minimize disruption and maintain compliance.

As the legal and policy landscape continues to evolve, both employers and foreign nationals should closely monitor developments affecting TPS, humanitarian parole, employment authorization, and workplace compliance obligations.

The U.S. Department of State has expanded its visa bond pilot program for B1/B2 visitor visas, affecting nationals from dozens of countries around the world. This development represents a shift in how the government requires certain visa applicants to demonstrate their intent to comply with the terms of their U.S. entry.

Background

The visa bond requirement is rooted in Section 221(g)(3) of the Immigration and Nationality Act and was established through a Temporary Final Rule (TFR) creating the pilot program. The program targets nationals from countries with elevated B1/B2 visa overstay rates, as measured by the Department of Homeland Security (DHS)’s Entry/Exit Overstay Report. The underlying policy rationale is straightforward: by requiring an upfront financial commitment, the government aims to incentivize compliance with visa terms, particularly the requirement to depart the United States before the authorized period of stay expires.

Which Countries Are Affected?

The program has grown since its initial rollout. The Department of State’s most recent list, updated as of March 18, 2026, now includes nationals from more than 50 countries across Africa, Asia, the Caribbean, Latin America, and the Pacific. Nationals from these countries are subject to the requirement as of varying implementation dates:

Among the earliest additions (August and October 2025):

  • Aug. 20, 2025: Malawi and Zambia
  • Oct. 11, 2025: Gambia
  • Oct. 23, 2025: Mauritania, Sao Tome and Principe, and Tanzania

Added Jan. 1, 2026: Bhutan, Botswana, Central African Republic, Guinea, Guinea-Bissau, Namibia, and Turkmenistan.

Added Jan. 21, 2026: Algeria, Angola, Antigua and Barbuda, Bangladesh, Benin, Burundi, Cabo Verde, Cote D’Ivoire, Cuba, Djibouti, Dominica, Fiji, Gabon, Kyrgyz Republic, Nepal, Nigeria, Senegal, Tajikistan, Togo, Tonga, Tuvalu, Uganda, Vanuatu, Venezuela, and Zimbabwe, among others.

Effective April 2, 2026: The most recent expansion adds Cambodia, Ethiopia, Georgia, Grenada, Lesotho, Mauritius, Mongolia, Mozambique, Nicaragua, Papua New Guinea, Seychelles, and Tunisia.

How Much Is the Bond?

Any citizen or national traveling on a passport issued by one of the listed countries who is otherwise found eligible for a B1/B2 visa must post a bond in the amount of $5,000, $10,000, or $15,000. The specific amount is determined by the consular officer at the time of the applicant’s visa interview. Applicants should not attempt to pay a bond amount until they are specifically directed to do so by a consular officer.

How Does the Process Work?

The process involves several steps and specific requirements:

  1. Form I-352: Applicants must submit a DHS Form I-352, the Immigration Bond form.
  2. Payment through Pay.gov: Applicants must agree to the bond terms and make payment exclusively through the U.S. Department of the Treasury’s online platform, Pay.gov. The use of any third-party website is strictly prohibited, and the U.S. government will not be responsible for any funds paid outside of its official systems.
  3. Consular Direction Required: Applicants must wait for a direct link from the consular officer before submitting the form or payment. Fees paid without consular direction will not be refunded.
  4. No Guarantee of Issuance: Posting a bond does not guarantee that a visa will be issued.

Port of Entry Requirements

As a condition of the bond, visa holders who have posted a bond must enter and exit the United States exclusively through designated ports of entry. Currently, only commercial airports of entry are permitted, including U.S. Customs and Border Protection preclearance locations. Bond holders may not use charter air, general aviation, land, or seaports of entry. Failure to comply with this requirement may result in a denied entry or a departure that is not properly recorded.

When Is the Bond Returned?

The government will automatically cancel the bond and return the applicant’s money in the following circumstances:

  • DHS records the visa holder’s departure from the United States on or before the authorized period of stay expires;
  • The visa holder does not travel to the United States before the visa expires; or
  • The visa holder is denied admission at a U.S. port of entry.

What Constitutes a Bond Breach?

Cases where a visa holder may have violated the bond terms will be referred to U.S. Citizenship and Immigration Services for a breach determination. Situations that may constitute a breach include:

  • Departing the United States after the authorized period of stay has expired;
  • Remaining in the United States beyond the authorized period without departing; or
  • Applying to adjust status out of nonimmigrant status, including filing for asylum.

Key Takeaways for Travelers and Practitioners

The expansion of the B visa bond pilot program holds potential financial and procedural consequences for affected nationals. Travelers from the listed countries should consider the following:

  • Check whether their country of nationality is on the list before applying for a B1/B2 visa.
  • Be prepared for the possibility of a bond requirement ranging from $5,000 to $15,000.
  • Follow all procedural requirements carefully, including using only official government payment channels.
  • Plan travel to ensure you depart the United States on time and through a qualifying commercial airport of entry.
  • Understand that applying for a change of status or asylum while in the United States on a bonded visa may trigger a breach determination.

Immigration counsel should consider advising clients from affected countries on these requirements well in advance of any visa application or travel planning.

On Jan. 1, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum—PM-602-0194: Hold and Review of USCIS Benefit Applications Filed by Aliens From Additional High-Risk Countries—that has had wide-ranging effects on immigration benefit processing. This guidance builds on the expanded travel restrictions under Presidential Proclamation 10998 (PP 10998), Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States, signed on Dec. 16, 2025, and effective Jan. 1, 2026.

PM-602-0194 directs USCIS officers to take three main actions:

  1. Place a holdon all pending benefit applications, subject to certain exceptions and regardless of entry date, for nationals of the countries listed in PP 10998, pending a comprehensive review;
  2. Conduct a comprehensive review of all policies, procedures, and screening and vetting processes for benefits requests for nationals of countries listed in PP 10998; and
  3. Conduct a comprehensive re-review of approved benefit requests for nationals of countries listed in PP 10998 that were approved on or after Jan. 20, 2021.

Now that almost 60 days have passed since the announcement, applicants may be seeing the effects of the policy in delayed applications, and in some cases requests for additional evidence that USCIS might consider in determining whether to exercise favorable discretion.

Who Is Impacted?

The hold and comprehensive review now apply to nationals of all countries listed in PP 10998. This expanded list includes (among others):

  • Afghanistan
  • Angola
  • Antigua and Barbuda
  • Benin
  • Burkina Faso
  • Burma (Myanmar)
  • Chad
  • Côte d’Ivoire
  • Cuba
  • Dominica
  • Equatorial Guinea
  • Eritrea
  • Gabon
  • The Gambia
  • Haiti
  • Iran
  • Laos
  • Libya
  • Malawi
  • Mali
  • Mauritania
  • Niger
  • Nigeria
  • Senegal
  • Sierra Leone
  • Somalia
  • South Sudan
  • Sudan
  • Syria
  • Tanzania
  • Togo
  • Tonga
  • Turkmenistan
  • Venezuela
  • Yemen
  • Zambia
  • Zimbabwe

Individuals with Palestinian Authority–issued or endorsed travel documents are also included. This means the policy applies based on nationality, country of birth, or citizenship acquired through Citizenship-by-Investment (CBI) programs.

Exceptions

PM-602-0194 allows USCIS to continue adjudicating certain categories of benefit requests, including:

  • Individuals with a pending Form I-90, Form N-565, and Form N-600;
  • “Benefit requests that are a priority for law enforcement and where [Immigration and Customs Enforcement] has requested that USCIS take adjudicative action to uphold public safety or national security;”
  • Form I-765, categories(c)(11) for an alien paroled into the United States in the public interest or temporarily for emergency reasons and (c)(14) for an alien granted deferred action only when the request comes from law enforcement because the noncitizen is assisting law enforcement;
  • Initial Form I-765, category (c)(8) for an asylum applicant (with a pending asylum application) who filed for asylum on or after Jan. 4, 1995;
  • Benefit requests for individuals whose entry would serve a United States national interest;
  • Benefit requests for athletes or members of an athletic team, including the coaches, persons performing a necessary support role, and immediate relatives for the purpose of participating in the World Cup, Olympics, or other major sporting event as determined by the secretary of state;
  • Benefit requests, or associated underlying benefits, for any programs that are terminated or discontinued as a result of an executive order, proclamation, Federal Register notice, or directive issued by the president, the secretary of homeland security, or the USCIS director; and
  • Decisions to automatically terminate automatic or ancillary benefit requests related to when an individual is granted legal permanent resident status or becomes a naturalized citizen.

The exceptions to the policy are limited and may not apply to many applicants. Moreover, almost 60 days have passed since this policy was announced and there are no further updates as to when these applications may go back into normal processing. Without any meaningful update from USCIS, applicants from the affected countries may continue to experience significant delays and/or additional USCIS scrutiny in the adjudication of their cases, irrespective of whether the applicant or beneficiary is inside or outside the United States.

On Dec. 16, 2025, the White House issued a presidential proclamation expanding restrictions on the entry of foreign nationals into the United States, advancing a policy framework rooted in national security considerations and data-driven assessments of vetting infrastructure in foreign countries. This development represents an extension of earlier travel and entry limitation policies, including Proclamation 10949, issued on June 4, 2025, which established broad entry restrictions on nationals from 19 countries.

Policy Scope and Expansion

Under the December 2025 proclamation, the United States continues and enhances entry limitations on some nations, based on criteria such as deficient civil documentation systems, lack of reliable law-enforcement cooperation, high visa overstay rates, and ongoing security challenges in certain countries. The expanded restrictions include the following elements:

  1. Continuation of full entry restrictions: The proclamation reaffirms and continues full restrictions on nationals from the 12 high-risk countries identified under Proclamation 10949: Afghanistan, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. These designations reflect long-standing concerns regarding screening deficiencies, security risks, and limited government cooperation with U.S. authorities.
  1. Addition of new countries under full restrictions: The December proclamation subjects nationals of five additional countries—Burkina Faso, Mali, Niger, South Sudan, and Syria—to full entry restrictions, based on updated assessments of civil documentation challenges, terrorist activity, and overstay data. The new proclamation also subjects individuals holding Palestinian-Authority-issued travel documents to full entry limitations, an expansion which reflects security concerns in areas with compromised vetting capacity.
  1. Transition from partial to full restrictions: The new proclamation sees nationals of two countries formerly under partial restrictions—Laos and Sierra Leone—subject to full suspension of entry, based overstay data and other considerations.
  1. Partial restrictions on additional countries: The updated proclamation imposes partial entry restrictions on 15 additional countries, including Angola, Benin, Cote d’Ivoire, Gabon, Nigeria, Senegal, Tanzania, Zambia, and others. Partial restrictions generally limit specific categories of visas (e.g., tourist or student visas), while preserving discretionary adjudications and case-by-case assessments for other categories.
  1. Retention and adjustment of prior restrictions: Several countries originally under partial restrictions—Burundi, Cuba, Togo, and Venezuela—remain subject to limited entry provisions. The White House lifted non-immigrant visa limits on Turkmenistan, previously under partial restrictions, due to productive engagement; still, immigrant entry remains suspended for Turkmen nationals.

Exceptions and Waivers

The proclamation includes specified exceptions for U.S. lawful permanent residents, holders of valid visas issued prior to effective dates, diplomats, certain categories of essential travelers (including athletes), and individuals whose entry is clearly in the national interest. Additionally, case-by-case waivers remain available for extraordinary circumstances, though family-based immigrant visa exceptions have been narrowed to address concerns about fraud risk.

Rationale and Administration Perspective

The White House frames the expanded entry restrictions as necessary to “protect the security of the United States” by preventing the admission of foreign nationals whose identities and backgrounds cannot be reliably verified due to systemic deficiencies in civil documentation, overstay trends, and limited information-sharing mechanisms from foreign governments. The proclamation notes that these measures and others may be a path forward for foreign cooperation on vetting and security protocols, while safeguarding domestic security interests.

Contextual Developments

This proclamation follows policy measures from earlier in the year. Those measures tightened vetting and suspended asylum and certain benefit processing for nationals from high-risk countries, following security incidents involving foreign nationals. The policies, taken together, may represent a broader strategy aimed at integrating national security considerations directly into immigration policy and adjudicatory practices across agencies.

Practical Implications for Stakeholders

  • Travelers: Nationals of fully restricted countries may face suspension of both immigrant and non-immigrant entry unless they qualify under specific exceptions or obtain waivers. Those from partially restricted countries may encounter heightened scrutiny and limited visa validity.
  • Employers and Educational Institutions: Organizations hiring or hosting foreign nationals may wish to reassess timelines for visa processing and international mobility planning, particularly for student, work, and exchange visitor categories.
  • Compliance and Legal Advisers: Immigration counsel and compliance professionals may need to update internal policies and client advisories to reflect the expanded scope of restrictions and emerging guidance from the Department of Homeland Security and the Department of State on implementation.

Conclusion

The December 2025 expansion of U.S. entry restrictions represents a shift in the intersection between immigration policy and national security enforcement. By broadening the list of fully and partially restricted countries and refining exceptions, the administration seeks to reduce security risk exposures while preserving targeted avenues for essential travel. Organizations and individuals affected by these changes should seek up-to-date guidance to help facilitate compliance and effective planning in a rapidly evolving regulatory landscape.

On Dec. 2, 2025, USCIS issued a policy memorandum PM-602-0192 directing officers to place an adjudicative hold on

  1. all pending asylum applications (Form I-589), regardless of nationality, and;
  2. most pending immigration benefit requests – such as green cards, adjustment of status, travel documents, naturalization, etc. – filed by nationals of 19 countries designated as “high risk,” regardless of the entry date.

For nationals from above-mentioned 19 “high-risk” countries, the memorandum also mandates a comprehensive re-review of certain previously approved or pending cases if the applicant entered the United States on or after Jan. 20, 2021. This may include re-interviews, additional vetting, identity verification, or further security-based screenings.

The 19 “high risk” countries include: Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

This policy is grounded in Presidential Proclamation 10949 (June 4, 2025), Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats, as known as the “travel ban,” and Executive Order 14161 (Jan. 20, 2025), Protecting the United States from Foreign Terrorist and Other National Security and Public Safety Threats, both of which emphasize enhanced national security review of foreign nationals from certain jurisdictions.

Why the Administration Implemented this Policy

The Memorandum cites two recent incidents involving foreign nationals accused of planning and attempting terrorist activity after entering the United States. USCIS notes that gaps in prior screening measures necessitate a broad reassessment of individuals from certain regions.

Impact on Affected Applicants

USCIS acknowledges that the hold and re-review requirements will slow adjudications, even significantly, but asserts that the delay is justified given the national security rationale. Applicants who have pending immigration benefits request may expect delays. The Memorandum also allows USCIS to require interviews for applicants who ordinarily would not need one. Though this policy does not automatically deny applications, adjudications will not resume until USCIS completes its review and issues implementing guidance. Applicants should also be aware that identity-related issues will receive heightened scrutiny. Inability to establish identity or inconsistent documentation may independently trigger ineligibility under the Immigration and Nationality Act (INA).

Practical Considerations for Affected Applicants

Nationals of the 19 “high-risk” countries may wish to:

  • Prepare for extended adjudication timelines;
  • Expect possible requests for re-interviews or additional evidence;
  • Ensure identity documents are complete and consistent; and
  • Consult counsel before international travel, especially where advance parole or re-entry permits are on hold.

Asylum applicants of any nationality should:

  • Monitor for updated operational guidance, which USCIS states will be issues within 90 days; and
  • Acknowledge that no asylum applications will move forward until USCIS lifts the hold.

Takeaways

This Memorandum represents the broadest national-security-based pause on immigration benefits since the “travel ban era.” USCIS states that the hold will remain in effect until lifted by a superseding directive from the USCIS director. It also emphasizes that this policy does not create individual rights or enforceable benefits. Given the scope of the pause, the enhanced security vetting it requires, and its overlap with prior travel ban, this policy may influence adjudications for a considerable period. USCIS has committed to issuing additional operational guidance within 90 days, which will determine how these reviews are implemented in practice and how quickly any movement on pending cases may resume.

On Oct. 16, 2025, the U.S. Department of Homeland Security (DHS) published a final rule in the Federal Register establishing a new $1,000 immigration parole fee required by the H.R. 1 Reconciliation Act. That same day, U.S. Citizenship and Immigration Services (USCIS) confirmed immediate implementation for some individuals who are granted parole, re-parole, or parole in place on or after the effective date. This fee does not impact those individuals who have traveled briefly abroad on Advance Parole that was granted based on a pending I-485 Application.

Overview of Parole and Fee Application

Parole allows DHS to permit a noncitizen to enter or remain temporarily in the United States without being formally admitted, when justified by urgent humanitarian reasons or significant public benefit. Parole is discretionary and temporary; it does not confer visa status or a path to permanent residence. The $1,000 fee applies when DHS grants parole, not when a request is filed, and it may also apply to individuals previously granted parole who are re-paroled or extended after Oct. 16, 2025. Individuals who already hold valid parole granted before that date are not charged retroactively. The fee attaches only when a new grant of parole is issued. As a result, DHS will not collect or bill for the fee on existing parole periods, though future extensions or re-paroles will trigger payment.

Frequency and Duration of the Fee

The fee is assessed each time parole is granted, including initial approval, re-parole, or extension. It covers the entire period authorized in a single grant and is not charged per entry while that parole remains valid. For example, if a parole document permits multiple entries during its validity, those re-entries are covered by the same fee. However, any new parole authorization or extension will require a new $1,000 payment. A family of four paroled under a humanitarian program would owe $4,000 upon approval, and another $4,000 if re-paroled later. The structure is per grant, not per household or lifetime.

Payment Procedures and Timing

The rule provides that the fee is due at the time parole is granted. USCIS will collect payment for parole and re-parole requests it adjudicates, typically those filed on Form I-131; U.S. Customs and Border Protection (CBP) will collect the fee at ports of entry; and U.S. Immigration and Customs Enforcement (ICE) will collect it for individuals paroled from custody. Each agency will issue a conditional approval notice requiring payment before parole becomes effective. To date, USCIS has not indicated how long applicants will have to make payment after receiving a conditional approval. The Federal Register specifies only that the notice will “specify a date by which payment of the fee must be made.” Until DHS issues further guidance, applicants may expect a short payment window and plan accordingly.

Limited Exceptions and Employer Carve-Outs

DHS may waive the fee in limited cases where the applicant meets one of 10 statutory exceptions, including life-threatening medical emergencies, organ donation, accompanying parents or guardians of affected minors, urgent family visits or funerals, adopted children with critical medical needs, individuals paroled to attend immigration proceedings, certain Cuban or Haitian entrants defined in §501(e) of the Refugee Education Assistance Act of 1980 (including participants in the Cuban and Haitian Family Reunification Parole programs), and those whose parole provides a significant public benefit such as law-enforcement cooperation.

The rule includes an exception for adjustment of status applicants (Form I-485) who travel briefly abroad and return to the United States on an advance parole. This category covers both employment-based and family-based green card applicants who are beneficiaries of I-140 or I-130 petitions. The rule expressly exempts them from the new $1,000 fee when re-entering on a valid advance parole associated with a pending adjustment application. However, DHS has not defined what constitutes a “brief” trip abroad for purposes of this exception, leaving some ambiguity as to the duration of travel that will preserve eligibility for the fee exemption.

Who Is Most Affected

The group most affected by the rule are humanitarian and discretionary parole recipients, including nationals of Afghanistan, Ukraine, Nicaragua, and Venezuela, among others, paroled under case-by-case or programmatic DHS initiatives. These individuals often must renew parole periodically to maintain lawful presence or employment authorization. For these individuals, the recurring $1,000 per-person fee represents a new cost consideration, particularly for families or sponsors who manage parole renewals every one to two years.

Implications for Employers and HR Teams

Although employer-sponsored green-card applicants remain exempt, the rule adds complexity for organizations supporting humanitarian, dependent, or discretionary parole cases. A $1,000 payment per grant is a material cost, and conditional approvals may require careful monitoring to avoid lapses.

HR and legal teams should consider:

  • Incorporating the new fee into global-mobility and immigration budgets,
  • Confirming payment timelines upon receipt of conditional approvals,
  • Educating affected employees about the requirement, and
  • Consulting counsel to determine if an exception applies and to prepare supporting documentation.

USCIS and DHS may release further guidance clarifying payment procedures, adjudication standards, and uniform deadlines in the coming weeks.

Conclusion

The $1,000 parole fee represents a policy shift in DHS’ parole framework. Employers might use the rule as an opportunity to plan, budget, and communicate with employees and better manage parole-based travel and compliance.

The U.S. Department of State’s National Visa Center (NVC) has issued updated guidance that impacts employment-based immigrant visa applicants, including EB-5 investors. This change is especially relevant for globally mobile professionals and investors residing outside their country of nationality.

Key Policy Changes

Applicants must now

  • Interview for the immigrant visa in their country of residence, or
  • Request to interview for the immigrant visa in their country of nationality, subject to approval.

To attend the immigrant visa interview at a consular post, applicants must submit proof of legal residence in the country where their case is assigned. This applies to all employment-based categories, including:

  • EB-1 (Executives, Researchers)
  • EB-2 (Advanced Degree Professionals, NIW)
  • EB-3 (Skilled Workers)
  • EB-5 (Investors)

Acceptable Proof of Residency Includes

  • Passport with a residency stamp,
  • Valid work or student visa,
  • Legal permanent resident card or landing document,
  • Refugee or humanitarian documentation, or
  • Other official documentation confirming lawful residence.

Importantly, having a visitor visa would not qualify an applicant to interview in a country; evidence of a longer-term visa or status is required.

Designated Processing Posts for Countries Without US Consular Operations

Applicants from countries where the United States does not conduct routine visa services must attend interviews at designated alternate posts. Below is a summary of current assignments:

NationalityDesignated Location(s)
AfghanistanIslamabad
BelarusVilnius, Warsaw
ChadYaoundé
CubaGeorgetown
HaitiNassau
IranDubai
LibyaTunis
NigerOuagadougou
RussiaAstana, Warsaw
SomaliaNairobi
South SudanNairobi
SudanCairo
SyriaAmman
UkraineKrakow, Warsaw
VenezuelaBogotá
YemenRiyadh
ZimbabweJohannesburg

Important Takeaways

  • Third-country processing is not permitted unless special circumstances apply.
  • Traveling to another country solely to apply for a visa does not qualify as a special circumstance.
  • There may be delays if applicants do not provide sufficient proof of residence in the assigned country.
  • Existing appointments for nonimmigrant visas may not be canceled, but applicants may be refused under INA §214(b) if they cannot prove residence.

Considerations for Employers and Investors

  • Confirm assigned consular posts.
  • Gather and submit appropriate residency documentation.
  • Contact your immigration counsel to request a transfer or explain special circumstances, if needed.

It is critical for companies and EB-5 investors to prepare documentation and coordinate through counsel with the NVC to enhance timely and compliant visa processing.