Trump’s 2025 Immigration Reforms Tighten Travel for Green Card, H-1B Holders

USCIS’s December 2, 2025 “Hold and Review” memo and DHS’s December 23, 2025 H-1B rule signal a tougher FY 2026 cap aftermath. For many H-1B and Green Card holders, travel and case processing risks increased in late 2025. Employers are also adjusting budgets as new fee policy shifts take hold.

This FY 2026 lottery_update comes as USCIS maintains the one-registration-per-beneficiary selection system. At the same time, DHS has finalized a move away from a purely random lottery for the next cycle. That rule is set to start February 27, 2026 for FY 2027.

FY 2026 H-1B cap recap, in numbers

FY 2026 remains capped at 85,000 approvals each year. That includes 65,000 regular cap plus 20,000 for the advanced degree exemption.

The operational reality in late 2025 is that selection is only the first gate. Many employers are now treating selection as conditional until travel, stamping, and post-filing vetting risks are managed.

📊 FY 2026 Stats: The annual H-1B cap remains 65,000 + 20,000, with work start dates tied to October 1, 2025.

FY 2026 timeline (cap season and post-selection milestones)

Even after October 1 start dates, travel and extension planning changed materially in December 2025. That change is driven by Hold and Review, expanded biometrics, and stricter consular vetting.

Comparison to last year: what changed in selection mechanics

The biggest structural change versus prior years is the beneficiary-centric approach. It limits selection to one registration per person, even if multiple employers register.

This rule:
– Reduced duplicate-registration gamesmanship.
– Shifted employer strategy toward job fit and wage data.
– Left less room for “multiple entries” as a hedge.

USCIS also increased fraud detection. That has translated into more RFEs on specialty occupation and third-party placement evidence.

Late-2025 developments affecting selected H-1B workers now

1) “Hold and Review” can freeze core travel filings for certain nationals

On December 2, 2025, USCIS issued policy memo PM-602-0192 titled “Hold and Review.” It orders an adjudicative hold for many pending benefit requests. The hold applies to people born in, or nationals of, 19 designated countries.

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

This matters to H-1B families because common filings can stall. Examples include Form I-90 and Form I-131. For selected H-1B workers pursuing a Green Card, related dependent and travel planning can also become harder.

⚠️ Employer Alert: If an employee is affected by “Hold and Review,” plan for longer gaps in travel documents and re-entry screening. Build staffing coverage early.

2) H-1B fee shock: $100,000 “Visa Integrity Fee” for certain cases

A presidential proclamation on September 19, 2025 introduced a $100,000 “Visa Integrity Fee” for certain new H-1B petitions. A federal judge upheld the authority on December 24, 2025.

Key points for employers:
– Treat this as a budget and offer-letter issue.
– H-1B rules restrict shifting required employer fees to the worker, creating potential compliance exposure if handled incorrectly.

3) FY 2027 will move to a wage-weighted selection model

DHS finalized a rule on December 23, 2025 that replaces the random lottery with a weighted selection tied to wage levels. The effective date is February 27, 2026.

Implications:
– SOC code accuracy becomes more important.
– Wage level strategy is critical, especially because USCIS scrutiny has been higher at Level I wages (entry-level roles under closer supervision).

What happens next after selection

If selected

Employer steps:
1. Prepare and file the Labor Condition Application (LCA).
2. File Form I-129 with the certified LCA and specialty occupation evidence.
3. Document wage level logic and job duties with specificity.
4. Confirm who pays which fees, and keep receipts.

Employee steps:
1. Confirm the offered wage meets the higher of prevailing or actual wage.
2. Review the SOC code and wage level used for the LCA.
3. Plan travel conservatively if stamping is required.

Additional risks:
– If the employee is abroad, visa stamping risk increased in late 2025.
– The State Department expanded “online presence” review on December 15, 2025, requiring applicants to set social media profiles to public for vetting.

If not selected

• Non-selection means the employer cannot file a cap-subject H-1B petition for FY 2026.
• The worker must maintain other work authorization or lawful status.

Common employer responses:
– Keep workers abroad and plan for FY 2027.
– Move candidates to cap-exempt roles, or to nonimmigrant categories without a cap.

💼 Employee Tip: Keep paystubs, I-94 records, and prior approvals organized. Late-2025 screening created more requests for travel and status history.

Alternatives for workers not selected

Notes:
– Cap-exempt H-1B filings remain year-round and can be a practical bridge for research and higher education placements.
– For Green Card planning, late-2025 travel friction (Hold and Review, biometric exit rules) adds uncertainty affecting dependents and travel document renewal.

Fees employers should budget for in cap cases

The reported $100,000 fee is separate from this standard structure. Employers should obtain written counsel on applicability and payment rules.

Next year’s projected timeline: FY 2027 planning

• FY 2027 registration is expected in early-to-mid March 2026.
• Selection results are expected in late March or early April 2026.
• The filing window typically runs April 1 through June 30.

The major operational change is the weighted selection rule effective February 27, 2026. Employers should assume wage levels will matter more than ever.

⏰ Deadline: Begin SOC code and prevailing wage checks by January 2026 for FY 2027 planning. Wage-weighting increases the cost of classification mistakes.

Travel and compliance notes for late 2025 and early 2026

• CBP’s biometric entry-exit expansion became effective December 26, 2025, authorizing broader facial biometric collection at entry and exit points. This can increase inspection time and secondary screening.
• Employees should carry approval notices and recent employment verification letters.
• Employers should maintain clean public access files and accurate worksite information.
• “Hold and Review” adds a special risk category for affected nationals; travel should be planned with counsel, especially if a pending I-131 is involved.

Actions employers and employees should take now

Employers:
– Audit FY 2026 H-1B public access files, job duties, and worksite addresses.
– Confirm wage levels align with duties, supervision, and experience requirements.
– Budget for standard fees, plus assess any $100,000 fee exposure.
– Plan FY 2027 wage strategy before March 2026 registration.

Employees:
– Verify the SOC code and wage level match your real job duties and location.
– Avoid nonessential travel if stamping is required, especially after December 2025 vetting changes.
– If subject to Hold and Review, plan for delays in I-90 and I-131 adjudications.
– Coordinate Green Card timing with travel and document renewal needs.

📋 Official Resources:
– H-1B Program: H-1B Program: H-1B Specialty Occupations
– Cap Season: Cap Season: H-1B Cap Season
– Prevailing Wages: FLDC Data Center