Employment & Labor Insider

The developments include expanded vetting, increased discretion, and reduced predictability, particularly for foreign national employees who travel internationally or rely on temporary work authorizations.

Here’s a summary of the six key changes coming next week.

No. 1: Expanded travel restrictions effective January 1

On December 16, the Trump Administration issued a new Presidential Proclamation expanding existing travel restrictions, to take effect on January 1.

Enforcement and screening decisions related to the proclamation will not be limited to passport nationality. These decisions may also take into account

• Country of birth
• Dual nationality
• Prior long-term residence abroad
• Recent travel history

Even if travel is technically permitted, employers should expect increased scrutiny, longer processing times, and greater variability at consular posts and ports of entry, particularly in the early part of 2026.

The following lists are based on the Proclamation and publicly available agency guidance as of the date of this post. Application and enforcement may vary by consulate and port of entry, and exemptions and waivers could apply in limited circumstances.

Nationals of the following countries are subject to a full suspension of entry, with limited exceptions, affecting both immigrant and nonimmigrant visas:

• Afghanistan
• Burkina Faso
• Burma (Myanmar)
• Chad
• Republic of the Congo
• Equatorial Guinea
• Eritrea
• Haiti
• Iran
• Laos
• Libya
• Mali
• Niger
• Sierra Leone
• South Sudan
• Sudan
• Syria
• Yemen
• Individuals traveling on travel documents issued by the Palestinian Authority

Nationals of the following countries are subject to partial restrictions, which may include suspension of certain visa categories, reduced visa validity, enhanced vetting, and increased administrative processing:

• Angola
• Antigua and Barbuda
• Benin
• Côte d’Ivoire (Ivory Coast)
• Dominica
• Gabon
• The Gambia
• Malawi
• Mauritania
• Nigeria
• Senegal
• Tanzania
• Tonga
• Zambia
• Zimbabwe

How employers should use the lists

Employers should review anticipated international travel for employees and dependents who may be affected based on nationality, place of birth, or recent residence, and seek legal guidance if possible before the travel occurs.

Even where travel is technically permitted, visa issuance delays, administrative processing, and extended secondary inspection at ports of entry are likely. Employers should anticipate longer timelines and less predictability for international travel in early 2026. These actions may help:

• Identify employees and dependents who may be affected because of nationality, birthplace, or travel history.
• Postpone any non-essential international travel scheduled for late December 2025 and January  2026 where possible.
• Build “buffer time” into travel schedules and return-to-work expectations.

No. 2: Expanded social media and “online presence” vetting for H-1B and H-4 applicants

On December 3, the U.S. State Department announced the expansion of its “online presence review” requirement to include H-1B workers and H-4 dependents. Applicants are now instructed to disclose social media identifiers and ensure that their accounts are set to public visibility during the visa adjudication process. Previously, this screening applied primarily to F, M, and J visa categories.

The U.S. Citizenship and Immigration Services also announced on December 5 the creation of a new USCIS Vetting Center to “centralize the enhanced vetting” of applicants. The center will be responsible for screening terrorists, criminal aliens, and other foreign nationals who may pose threats to public safety or who have engaged in fraud or other criminal activity.

We expect these changes to result in delays in the processing of petitions and applications at the USCIS, increase the timelines for visa appointments and issuance, increase the administrative processing relating to Section 221(g), and – perhaps most importantly – increased risk that employees will be delayed or stranded during travel abroad.

What employers should do

• Plan ahead and file new or extension petitions/application as early as possible.
• Advise employees that visa stamping now requires careful preparation and consistency across forms, resumes, and online profiles.
• Remind H-1B travelers that their online professional presence must be accurate and consistent, and that social media accounts will also be reviewed. Removing content or deactivating accounts will not shield them from scrutiny.

• Discourage unnecessary international travel where visa stamping is required.
• Remind travelers that accuracy and consistency in their social media—not content removal—are critical.

No. 3: Increased screening, shorter EAD validity periods

On December 4, the USCIS announced enhanced screening measures across several benefit categories and reduced the maximum validity period for certain Employment Authorization Documents to 18 months.

Although this does not eliminate work authorization, it increases the frequency of renewals and the risk of gaps if filings are delayed.

We expect these changes to result in more frequent reverifications of I-9 forms, an increased administrative burden for Human Resources teams, and a higher risk of interruptions in work authorizations.

What employers should do

• Review your population of EAD-based employees.
• Adjust renewal timelines to begin earlier.
• Ensure I-9 reverification practices remain compliant and non-discriminatory.

No. 4: Pause of the Diversity Visa Lottery Program

On December 18, Kristi Noem, Secretary of the U.S. Department of Homeland Security, announced that the Department is pausing the DV1 portion of the Diversity Immigrant Visa lottery program, which annually allocates up to 55,000 visas, at the direction of the Administration. There has been no formal federal notice or guidance published yet. Although the DV program is not primarily an employment-based immigration channel, the pause affects selected entrants and their family members who may already be in processing. Employers who use the program should consider making alternative arrangements if possible.

What employers should do

• Identify any employees or family members who may be affected.
• Evaluate backup options where appropriate, including employment-based or family-based pathways.

No. 5: Expanded CBP biometric screening at U.S. ports of entry and exit

On November 20, the DHS announced that it would expand its Biometric Entry/Exit program. The Final Rule, which was published on October 27, will take effect this Friday, December 26. The rule expands the authority of the DHS and Customs and Border Protection to collect facial biometrics (and related biometrics as permitted) from non-U.S. citizens upon entry to and departure from the United States at airports, land ports, seaports, and other authorized points of departure.

Expanded biometric screening of non-U.S. Citizen employees (for example, permanent residents, H-1B, L-1, TN, O, and other NIV classifications) at the border may increase the likelihood that discrepancies between travel documents, visa records, and CBP databases will trigger delays or referral to secondary inspection. Employers may see increased travel disruptions, particularly for employees with recent status changes, visa renewals, or pending filings.

What employers should do

• Encourage employees to confirm the accuracy and consistency of their passports, visas, and recent entry/exit history before international travel.
• Postpone or delay international travel immediately after status changes or approvals where records may not yet be fully synchronized across systems.
• Build “buffer time” into return travel schedules, particularly for employees in critical roles.

No. 6: CBP proposes expanding data collection for visa waiver (ESTA) travelers

On December 10, the CBP published a notice to presumably comply with Executive Order 14161 proposing the expansion of data collection requirements for Visa Waiver Program travelers, including disclosure of social media history over a multi-year period.

This change has not yet taken effect, and once it does, the primary impact will be on users of the Electronic System for Travel Authorization. However, the change also has implications for employers who rely on short-term business visitors for meetings, trainings, audits, or consulting engagements.

We expect this change to increase the risk of ESTA refusals or border delays, the scrutiny to which travelers are subjected regarding the business purposes of their travel and their intent, and the risk of friction during routine cross-border travel.

What employers should do

• Ensure business visitors are well prepared to articulate the purpose and duration of their trips.
• Standardize invitation letters and documentation.
• Confirm consistency across ESTA submissions and prior travel records.

Are you ready for the new year?

These developments reflect a clear trend of increased scrutiny, expanded vetting, and reduced margin for error concerning travel, visa processing, and work authorizations. Employers will need to prepare, in consultation with their immigration counsel.

We can help

Please do not hesitate to contact any member of Constangy’s Immigration Practice Group about these and other immigration-related issues:

• International travel risk assessments and return-to-work planning
• Visa stamping strategy and pre-travel counseling
• EAD renewal tracking and I-9 compliance updates
• Workforce planning amid increased immigration uncertainty