IMMIGRATION UPDATE – November 26, 2025
HEADLINES
USCIS, CBP, ICE Announce New ‘Inflationary Adjustments’ for Certain Fees – U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement announced increases in fees for certain benefits for Fiscal Year 2026.
USCIS Now Accepting Only Electronic Payments for Benefit Requests, With Exceptions – U.S. Citizenship and Immigration Services is accepting payments only through Pay.gov for benefit requests filed electronically, with some exceptions.
USCIS Adjusts EB-5 Fees Under Court Order – U.S. Citizenship and Immigration Services announced adjustments in certain EB-5-related fees under a district court order.
TSA Launches Alternative ID Verification Program and Fee – The Transportation Security Administration (TSA) is launching a “modernized alternative identity verification program” at TSA checkpoints for those without the required acceptable form of identification, such as a REAL ID or passport.
E-Verify Updates Policy Under Supreme Court Order Allowing Termination of 2023 Venezuela TPS Designation – E-Verify released an update related to work authorization, pursuant to a Supreme Court order allowing immediate termination of the 2023 Venezuela Temporary Protected Status designation.
Shutdown Aftermath: Visa Services Resume, Delays Expected – Routine visa services have resumed after the federal government shutdown was ended after a record 43 days. Federal funding has been extended until January 30, 2026, but delays and backlogs remain.
DOS Expands Public Charge Exclusions, Encourages Visa Officers to Speculate – The Department of State sent a cable to diplomatic and consular posts that greatly expands the public charge reasons for excluding visa applicants beyond the current requirements.
Visa Bulletin for December Notes Extension of ‘Certain Religious Workers’ Category – The Department of State’s Visa Bulletin notes that a new bill signed on November 12, 2025, extends the EB-4 Certain Religious Workers (SR) category until January 30, 2026. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight January 29, 2026.
DETAILS
USCIS, CBP, ICE Announce New ‘Inflationary Adjustments’ for Certain Fees
On November 21, 2025, U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE) announced increases in fees for certain benefits as mandated by the “One Big Beautiful Bill Act” (H.R. 1) for Fiscal Year (FY) 2026.
- USCIS’s notice lists the adjusted fees, effective January 1, 2026. USCIS warned that “[a]ny immigration benefit request postmarked on or after that date without the proper filing fee will be rejected.” As an example, the fee for an initial asylum or initial parole applicant filing Form I-765, Employment Authorization Document, is increasing from $550 to $560. The notice explains USCIS’s methodology in calculating the fee increases.
- CBP’s notice states that fees are increasing for enrollment in the Electronic Visa Update System (from $30 to $30.75) and the Electronic System for Travel Authorization (from $40 to $40.27), and for those paroled into the United States (from $1,000 to $1,020).
- CBP said that in accordance with H.R. 1, the existing fee for Form I-94 Arrival/Departure Record applications will not change for FY 2026. Accordingly, the total fee to apply for a CBP Form I-94 at a land border port of entry for FY 2026 will continue to be $30, consisting of the $6 land border fee and the $24 H.R. 1 fee. (CBP does not assess a fee for those arriving at air or sea ports of entry because they are not required to submit an application for a CBP Form I-94.)
- ICE’s notice states that the adjusted fee amount for individuals removed in absentia and inadmissible individuals arrested between ports of entry is increasing from $5,000 to $5,130.
USCIS Now Accepting Only Electronic Payments for Benefit Requests, With Exceptions
U.S. Citizenship and Immigration Services (USCIS) released a reminder that as of October 28, 2025, it is accepting payments only through Pay.gov for benefit requests filed electronically, with some exceptions. For benefit requests mailed to USCIS, it will only accept ACH debit transactions using Form G-1650, Authorization for ACH Transactions, or credit, debit, or prepaid card payments using Form G-1450, Authorization for Credit Card Transactions.
Those qualify for an exemption from the requirement to use an electronic payment method should mail the benefit request, with the correct fee payment and a completed and signed Form G-1651, Exemption for Paper Fee Payment, to the appropriate lockbox. Practitioners recommend placing the form on top of the packet (including the cover letter) so USCIS sees the form first.
USCIS said that those requesting an exemption must certify that electronic payment and collection methods are not possible and they meet one or more of the following requirements:
- They do not have access to banking services or electronic payment systems;
- Electronic disbursement would cause them undue hardship, as discussed in 31 C.F.R. Part 208;
- Non-electronic transactions are necessary or desirable for national security or law enforcement reasons; or
- There are other circumstances as determined by the Secretary of the Treasury, as reflected in regulations or other guidance.
USCIS Adjusts EB-5 Fees Under Court Order
On November 18, 2025, U.S. Citizenship and Immigration Services (USCIS) announced adjustments to certain EB-5-related fees under a district court order in Moody v. Noem, issued November 12. The order stayed certain fees codified by the Department of Homeland Security (DHS) in the 2024 Fee Rule, which became effective April 1, 2024. USCIS noted that the court determined that the EB-5 Reform and Integrity Act of 2022 precluded DHS from adjusting EB-5 program fees in the 2024 Fee Rule. DHS and USCIS said they “believe the Court’s decision is incorrect but are working to implement it.”
Effective immediately, USCIS will accept the fees that were in effect until March 31, 2024, which are listed in the “Current Fee” schedule in USCIS’s announcement. USCIS said that in general, petitioners and applicants “should pay fees according to the ‘Current Fee’ schedule, not the higher ‘Previous Fee’ schedule.” However, for items postmarked November 26, 2025, or earlier, USCIS will also accept payment of the Previous Fee. For items postmarked after that date, USCIS will reject petitions or applications that are accompanied by the Previous Fee.
TSA Launches Alternative ID Verification Program and Fee
On November 20, 2025, the Transportation Security Administration (TSA) announced that it is launching a “modernized alternative identity verification program” at TSA checkpoints for those without the required acceptable form of identification, such as a REAL ID or passport.
For participants in the optional program, TSA will check the traveler’s “biographic and/or biometric identification to verify identity and match the individual to their Secure Flight watch list result” and will charge a nonrefundable $18 fee. TSA said that collection of the fee “will begin when TSA announces that individuals may register for the modernized alternative identity verification program on the TSA website TSA.gov.” TSA noted that those who use the alternative identity verification program may still be subject to additional screening or experience delays.
E-Verify Updates Policy Under Supreme Court Order Allowing Termination of 2023 Venezuela TPS Designation
E-Verify released an update on November 14, 2025, related to work authorization, pursuant to a Supreme Court order allowing immediate termination of the 2023 Venezuela Temporary Protected Status (TPS) designation.
E-Verify said that for Forms I-766, Employment Authorization Documents (EADs), the termination means that:
- For beneficiaries of the 2021 designation for Venezuela TPS who do not have an EAD or Form I-94, Arrival/Departure Record, with an October 2, 2026, expiration date, their TPS and employment authorization terminated on November 7, 2025. EADs with a category A12 or C19 and an expiration date of September 10, 2025; March 10, 2024; or September 9, 2022, issued under the 2021 TPS designation of Venezuela were automatically extended until November 7, 2025. Employers must have reverified TPS Venezuela beneficiaries who presented these EADs before they started work on November 8, 2025.
- With a timely filed EAD renewal application, EADs with a category A12 or C19 and an expiration date of September 10, 2025, or April 2, 2025, for TPS beneficiaries who reregistered under the January 17, 2025 extension notice may still be automatically extended for up to 540 days. Employees must present their Form I-797, Notice of Action, indicating that their Form I-765, Application for Employment Authorization (EAD renewal) was received before February 6, 2025.
Shutdown Aftermath: Visa Services Resume, Delays Expected
According to reports, routine visa services have resumed after the federal government shutdown ended on November 12, 2025, after a record 43 days. Federal funding has been extended until January 30, 2026, but delays and backlogs remain. Although funding through fees helped to continue some visa services during the shutdown, staff furloughs and layoffs have led to slowdowns, and coordination among agencies is also an issue. Documenting the reason for any delay is recommended for employers.
The Department of Labor (DOL) announced before the shutdown ended that the Office of Foreign Labor Certification (OFLC) resumed processing on October 31, 2025, of employer requests for prevailing wages and labor certification determinations for temporary and permanent employment in the United States. OFLC’s Foreign Labor Application Gateway (FLAG) system is now accessible, DOL said, as is OFLC’s SeasonalJobs.dol.gov system, an online job registry of H-2A and H-2B temporary job opportunities. Processing and response times may be longer than normal, OFLC said.
The Executive Office for Immigration Review provides updated operational status information for each immigration court. For information about a particular case, check the Automated Case Information System online or at 800-898-7180 (TDD: 800-828-1120) or call the immigration court handling the case.
DOS Expands Public Charge Exclusions, Encourages Visa Officers to Speculate
According to reports, the Department of State sent a cable to diplomatic and consular posts that greatly expands the public charge reasons for excluding visa applicants beyond the current requirements of a medical exam, required vaccines, and screening procedures.
“Certain medical conditions—including, but not limited to, cardiovascular diseases, respiratory diseases, cancers, diabetes, metabolic diseases, neurological diseases, and mental health conditions—can require hundreds of thousands of dollars’ worth of care,” the cable warns. It also includes obesity and age in the list of conditions visa officers should consider, along with the health of dependent family members and potential future scenarios. The cable encourages officers to speculate: “Does the applicant have adequate financial resources to cover the costs of such care over his entire expected lifespan without seeking public cash assistance or long-term institutionalization at government expense?”
Reportedly, the new guidance primarily applies to immigrant visas, not nonimmigrants and short-term visitors.
Visa Bulletin for December Notes Extension of ‘Certain Religious Workers’ Category
The Department of State’s Visa Bulletin for December 2025 includes the following update:
H.R. 5371, signed on November 12, 2025, extends the Employment Fourth Preference Certain Religious Workers (SR) category until January 30, 2026. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight January 29, 2026. Visas issued prior to that date will be valid only until January 29, 2026, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight January 29, 2026.
As indicated in item D of the November 2025 Visa Bulletin, the extension resulted in this category immediately becoming available in November, subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability. For December, the applicable SR final action date will be 01SEP20 for all countries.
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PUBLICATIONS AND ITEMS OF INTEREST
Artificial intelligence (AI) and immigration enforcement. The American Immigration Lawyers Association has published Think Immigration: How Artificial Intelligence May Be Failing Us. The article discusses the importance of public scrutiny and review of the use of AI in immigration enforcement, and related issues.
Know your rights. A number of organizations, including the American Civil Liberties Union (English and Spanish), the Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., the National Immigrant Justice Center, and the Asian Law Caucus, have published resources highlighting immigrants’ rights in the United States, including “know your rights” information and what documents they may want to carry when traveling inside the United States. ACLU of Northern California has also released Know Your Rights: U.S. Airports and Ports of Entry.
See also Information for Employers — “What to Do if Immigration Comes to Your Workplace” : NELP_EmployerGuide_Eng_2025_Final-.pdf. Note the important distinction between administrative and judicial warrants, and a public lobby versus private areas of a business.
IMMIGRATION AGENCY INFORMATION/PROCESSING TIMES
U.S. Customs and Border Protection:
Accessing I-94 Information: https://i94.cbp.dhs.gov/I94/#/home
Department of Labor:
PERM and Prevailing Wage Processing Times: https://flag.dol.gov/processingtimes
State Department:
Visa Appointment Wait Times: https://travel.state.gov/content/travel/en/us-visas.html
Monthly Immigrant Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
U.S. Citizenship and Immigration Services:
Processing Times: https://egov.uscis.gov/processing-times/
Case Status Online: https://egov.uscis.gov/
GOVERNMENT ENGAGEMENTS
E-Verify webinars: E-Verify has added a webinar with a focus on acceptable documents for Form I-9 verification, and has updated its calendar of webinars.
SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) has updated its calendar of webinars.
Immigration agency X (formerly Twitter) accounts:
- EOIR: @DOJ_EOIR
- ICE: @ICEgov
- Study in the States: @StudyinStates
- USCIS: @USCIS
Alliance of Business Immigration Lawyers: ABIL is available on X (formerly Twitter): @ABILImmigration
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This information was prepared in collaboration with ABIL, the Alliance of Business Immigration Lawyers, comprised of twenty U.S. immigration lawyers who head some of the top immigration practices in the country. Larrabee Albi Coker LLP is an active member of ABIL.
Legal Disclaimer: This information is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter.