Below is a summary of the latest developments impacting immigration as of December 17, 2025. This update highlights key policy changes and compliance considerations to be aware of, including:
- Travel Ban Updates
- Additional Vetting for H-1Bs and H-4s
- Applications Hold and Review for 19 Countries
- Form DS-160 Review by Immigration Agencies
- H-1B Presidential Proclamation
- New I-9 Rules in California
Countries Added to the U.S. Travel Ban
An expansion of the existing travel ban was announced on December 16, 2025. The following countries are now or soon will be subject to a full ban; the bolded countries are additions taking effect on January 1, 2026, at 12:01 a.m. Laos and Sierra Leon were on the partial ban list and now will be on the full ban list.
- Afghanistan
- Burma
- Burkina Faso
- Chad
- Republic of the Congo
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Laos
- Libya
- Mali
- Niger
- Sierra Leone
- Somalia
- South Sudan
- Sudan
- Syria
- Yemen
- Those travelling on Palestinian Authority Documents
The full travel ban means that people who (1) are outside the U.S. on the effective date AND (2) do not have a valid U.S. visa in their passports on that date cannot enter the U.S. unless they qualify for an exemption or obtain a specific exception. The terms of exemptions and exceptions are generally the same as the prior travel ban. Dual nationals entering on the non-banned country passport, U.S. permanent residents and certain others are exempted. Exceptions are extremely limited.
Another change is that three exemptions listed in the original executive order have been removed, as follows:
- Immediate family immigrant visas with clear and convincing evidence of identity and family relationship;
- Adoptions; and
- Afghan Special Immigrant Visas
In other words, people in these categories will no longer be exempted as of January 1, 2026, at 12:01 a.m.
Additionally, a ban applying only to B-1, B-2, B-1/B-2, F, M, and J visas applies or will apply to the following countries. The bolded countries are additions taking effect on January 1, 2026, at 12:01 a.m.
- Angola
- Antigua and Barbuda
- Benin
- Burundi
- Cote d’Ivoire
- Cuba
- Dominica
- Gabon
- The Gambia
- Malawi
- Mauritania
- Nigeria
- Senegal
- Tanzania
- Togo
- Tonga
- Venezuela
- Zambia
- Zimbabwe
Also, those from Turkmenistan will be banned from immigrant visas only on the effective date.
The ban may be updated every 180 days.
H-1B and H-4s Will Now
Undergo Additional Vetting for Visas
Applications at U.S. consulates will now (as of December 15, 2026) undergo “online presence review” like that in place for students and exchange visitors “to identify visa applicants who are inadmissible to the United States, including those who pose a threat to U.S. national security or public safety,” per the Department of State announcement.
Applicants for these visa categories must adjust privacy settings on all their social media profiles to “public.”
Soon after the announcement of additional vetting on December 3, 2026, the U.S. consulates in India began notifying applicants of appointment cancellations and rescheduling appointments from December to May in several instances we know about. We do not know that these actions are related to the additional vetting, if they are universal or if they will continue.
TAKEAWAY: Contact your Dentons attorney before scheduling international travel and before leaving the U.S. Travel restrictions are developing quickly.
“Pause” on Pending Asylum and USCIS Benefit Applications for Citizens of 19 Countries
A December policy memorandum requires a hold on all immigration benefit applications, including asylum requests, filed by persons from the originally-banned 19 countries and a review of all benefits granted to these persons on or after January 20, 2021. These countries are:
- Afghanistan
- Chad
- Republic of Congo
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Libya
- Myanmar
- Somalia
- Sudan
- Yemen
- Burundi
- Cuba
- Laos
- Sierra Leone
- Togo
- Turkmenistan
- Venezuela
It is possible that the additional countries announced for the travel ban could be added to the pause and review list.
TAKEAWAY: We are aware of a lawsuit being filed for persons affected by the travel ban or pause. The deadline to join is December 30, 2025. We have no affiliation with the group bringing this suit but are making you aware of it as one possible avenue for relief. Visit this website if you are interested.
DS-160 Review in Later Applications
The Form DS-160 is completed online every time a person applies for a visa at a U.S. consulate. It is filed online, and applicants are not provided with a copy, but instead take a bar code page to the appointment so that the reviewing officer may access it.
The DS-160, while filed with the Department of State, is available for review by other immigration agencies. Recently, we received a request for evidence asking us to explain why information in a past DS-160 did not match information provided in an immigration petition filed with USCIS. That request was a misunderstanding of the information provided. However, it alerted us to the fact that with AI likely being used by the agencies, it is more likely that even small discrepancies could be flagged.
TAKEAWAYS:
- We recommend that the DS-160 application be reviewed by your Dentons immigration attorney before it is submitted.
- You may obtain a copy of your past DS-160s by filing a Freedom of Information Act request with the Department of State. Contact your Dentons attorney if you would like us to assist.
Do H-1Bs now cost $100,000?
A presidential proclamation issued in September requires that H-1B visas or entries cannot be issued for certain applicants without payment of a $100,000 fee or an exception being granted. As a reminder, the $100,000 fee DOES NOT apply to those who are:
- Granted a change status to H-1B in the U.S.;
- Granted an extension or amendment of H-1B status in the U.S.; or
- Have a valid H-1B visa in their passport.
In other words, most people currently in the U.S., such as foreign students or those who hold H-1B or another status, may be granted an H-1B without the $100,000 fee.
If the fee applies, a request for an exception may be emailed to USCIS. We have not heard of any exceptions being granted to date.
TAKEAWAYS:
- It is now more important than ever to download I-94s upon entry and check the validity dates. Change of status or extensions cannot be granted to those who have failed to maintain status unless a late filing exception is granted.
- Those who have entered on a J-1 visa subject to the two-year home residence requirement cannot change status in the U.S. in many instances. Please bring any prior J-1 stay to the attention of your Dentons immigration attorney.
- Litigation regarding the validity of the presidential proclamation imposing the H-1B $100,000 fee is still pending. One lawsuit was filed by the U.S. Chamber of Commerce. If your business is not a member of the U.S. Chamber, you may be required to join to be included in any relief that may be provided. We do not know if this will be necessary, but new restrictions on nationwide injunctions may be given.
New California Rules Requiring Notice of I-9 Inspections and Other Immigration Enforcement Actions
Employers with offices in California must provide certain postings and notices to employees regarding their rights in the event of immigration-related enforcement per a new California law taking effect February 1, 2026. More information is available on our blog post: California’s 2026 Worker Notice Requirements: What Employers Need to Know.
TAKEAWAYS:
If you have an office in California, contact your Dentons attorney for advice regarding compliance with the new law. We have offices in California that can specifically advise as needed.
I-9 inspections and enforcement on employment premises are expected to become more frequent. Your Dentons attorney can provide training and policy recommendations to prepare for increased enforcement and compliance with I-9 rules.
