At Brown Immigration Law, we strive to be your company’s partner in growth and innovation, on a global scale. We continue our commitment to demystifying the complex immigration laws of the United States and Canada to provide efficient and effective immigration and global mobility support. Please find this month’s business immigration news below.

U.S. BUSINESS IMMIGRATION UPDATES

Trump Administration Suspends Diversity Visa Program in the Wake of Brown University, MIT Shootings

Our hearts go out to the victims, their families, and the university communities affected by the recent acts of violence in the New England area. According to reports, on December 13, 2025, Brown University in Rhode Island experienced a mass shooting that claimed the lives of two students and left nine others injured. Just two days later, on December 15, an MIT professor was shot outside his home in Massachusetts. After an extensive multi-day search involving the FBI and local law enforcement, authorities identified Claudio Manuel Neves Valente, a former Brown University graduate student, as the suspected gunman. According to reports, Mr. Valente later took his own life.

Subsequent reporting indicated that the suspected gunman entered the United States in 2017 through the Diversity Immigrant Visa (DV) program. In response, the Trump Administration announced the suspension of the Diversity Visa (DV-1) program. The DV program (formally known as the Diversity Immigrant Visa Program) is a congressionally created lottery system that makes up to 50,000 immigrant visas available each year to individuals from countries with historically low rates of immigration to the United States.

While the violence itself is devastating and deserving of serious reflection, many immigration law experts have cautioned against drawing broad conclusions about an entire immigration program based on the alleged actions of one individual, similar to the Travel Ban created as a result of the shooting of two National Guard members. Importantly, the DV program was established by an act of Congress, and legal scholars have questioned whether the President has the authority to unilaterally suspend or terminate it without legislative action.

We will continue to monitor legal developments, potential litigation, and further guidance.

ICYMI: Travel Ban Expanded to an Additional 20 Countries

On December 16, 2025, President Trump signed a proclamation expanding and building on prior policies to restrict the entry of citizens of certain countries. Along with the proclamation, the Administration released a Fact Sheet highlighting the additional restrictions. This, in effect, doubles the number of nations impacted by travel limits released earlier this year. The effective date for the December 2025 proclamation is January 1, 2026.  

Visit our Trending Topic on the issue for more information.

New Photo Policy from USCIS

Per a USCIS update on December 12, 2025: “U.S. Citizenship and Immigration Services (USCIS) is issuing new guidance (PDF, 305.52 KB) that limits the age of foreign nationals’ photos that can be used to create immigration documents to no more than three years. This update enhances national security and prevents identity fraud. Effective immediately, the new guidance in the USCIS Policy Manual limits the use of photos to those that were taken within three years of the date a person files a USCIS form. Additionally, self-submitted photos will no longer be accepted. Only photos taken by USCIS or other authorized entities will be used. This ensures every photo used in a secure document is recent, accurate, and reliable—key requirements to preventing fraud and identity theft.”

New Limitation on EAD Validity Periods (18 Months)

On December 4, 2025, USCIS announced the reduction of the validity period for certain Employment Authorization Documents(EADs), often called work permits, from five (5) years down to 18 months. USCIS stated that the reason for the reduction was to enable more frequent “vetting” of noncitizens who apply for authorization to work in the United States. The shorter validity applies to both new work permits and renewal applications filed on or after December 5, 2025.

The reduction in validity period applies to the following categories:

• Noncitizens admitted as refugees;
• Noncitizens granted asylum;
• Noncitizens granted withholding of deportation or removal;
• Noncitizens with pending applications for asylum or withholding of removal;
• Noncitizens with pending applications for adjustment of status under INA 245; and
• Noncitizens with pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act.

In addition to this update, USCIS also noted: “As required by H.R. 1 – One Big Beautiful Bill Act, Public Law 119-21, 139 Stat. 72, (H.R. 1), signed into law on July 4, 2025, the validity period for initial and renewal employment authorization documents will be one year or the end date of the authorized parole period or duration of Temporary Protected Status (TPS), whichever is shorter for the following categories:

• Aliens paroled as refugees;
• Aliens granted TPS;
• Aliens granted parole;
• Aliens with a pending TPS application; and
• Alien spouse of entrepreneur parole.”

We will continue to monitor for updates.

ICYMI: Enhanced Vetting for H-1B and H-4 Visa Applicants

On December 3, 2025, the Department of State (“DOS”) announced that, beginning December 15, 2025, H-1B visa applicants and their H-4 dependents will be subject to enhanced screening and vetting of their online presence. This is an expansion of enhanced screening procedures implemented for F, M, and J visa applicants in June 2025, which will now apply to all H-1B and H-4 visa applications as well. This led to the widespread rescheduling of many visa appointments, particularly reported for those seeking visas at the consulates in India. Visit our Trending Topic on the issue for more information.

CBP Proposal Plans to Ask ESTA Visitors to Disclose 5 Years of Social Media History

According to the notice published by the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) in the Federal Register on December 10, 2025, CBP plans to add social media disclosures as a mandatory data element for an Electronic System for Travel Authorization (ESTA) application. The proposed change, which is open to a 60-day public comment period, will require ESTA applicants to provide their social media history for the last 5 years. CBP also plans to add several other “high value data fields” to the ESTA application, when feasible. These include biometrics, including face, fingerprint, DNA, and iris, IP addresses and metadata from electronically submitted photos, as well as phone numbers and home addresses for immediate family members.

ESTA is an automated system used by tourists or business visitors traveling to the United States for stays of up to 90 days under the Visa Waiver Program. The current ESTA application collects a comparatively limited amount of information from travelers to determine their eligibility to travel to the U.S. under the Visa Waiver Program.

These proposed changes similar to those in place for U.S. visa applicants, including the recent stringent vetting of H-1B and H-4 visa applicants. DHS is inviting comments on this proposal until February 9, 2026. It is possible, but unlikely, that the agency will modify or replace the proposal in response to public comments.

We will continue to monitor updates and share further information as soon as it becomes available. If you have questions about upcoming international travel or visa appointments, please reach out to your BIL attorney for a case-specific assessment.

U.S. Supreme Court Grants Certiorari in Trump V. Barabara; Agrees to Hear Arguments Addressing the Legality of the Executive Order seeking to End Birthright Citizenship

On Friday, December 5, the Supreme Court granted a petition for review from the Trump administration, announcing that it will hear oral arguments in the case of Trump v. Barbara (initially filed in the lower court as Barbara v. Trump – but since the Supreme Court’s review stems from a petition for review from the Trump administration, Trump is listed first because he is the “moving party” on the Supreme Court’s docket) .

The Administration’s petition for review follows the ruling of a federal district judge in New Hampshire in July 2025. At that time, the district court issued a preliminary injunction barring the administration from imposing Trump’s Executive Order against a class of babies born in the United States on or after February 20, 2025, who would suffer measurable harm from the order, notably, the deprivation of their Constitutional right to U.S. citizenship under the 14th Amendment.

The Supreme Court will likely hear the case next spring, with a ruling anticipated to follow in June or July. For more information, visit our Trending Topic on the issue.

ICYMI: Launch of Trump’s Gold Card Program and Platinum Card on the Horizon

On Wednesday December 10, 2025, President Donald Trump officially launched his “Gold Card” visa program, a new immigration pathway that will allow an individual to “make [a] required unrestricted gift to the Department of Commerce” of $1 million (per applicant) to expedite their immigrant visa application, or $2 million for a corporation or similar entity “donating” on behalf of an individual. We initially reported on this program in March 2025, but it has now been introduced on its own standalone website, despite providing clear direction on how such applications will be handled administratively. Please visit our Trending Topic on the issue for more information.

USCIS Establishes New Vetting Center to Enhance Immigration Screening

On December 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced the establishment of a new USCIS Vetting Center, a specialized unit headquartered in Atlanta aimed at strengthening the agency’s ability to screen immigration applications for national security and public safety risks. USCIS stated that the initiative follows several recent incidents of violence, including the shooting of two National Guard members by a foreign national. Once fully operational, the center will centralize vetting efforts to identify terrorists, criminal noncitizens, and individuals involved in fraud, drawing on classified and unclassified resources, advanced technologies such as artificial intelligence, and coordination with law enforcement and intelligence partners.

The creation of the Vetting Center aligns with Executive Order 14161, Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, and reflects a broader shift toward heightened immigration scrutiny.

In addition to reviewing pending applications and petitions, the center will conduct holistic reviews of certain already approved cases, prioritizing applications from presidentially designated countries of concern. USCIS has indicated these expanded security measures may lead to more extensive review processes and longer adjudication timelines.

To stay up to date on the “Countries of Concern”, follow the Topics We’re Monitoring.

January 2026 Visa Bulletin

The January 2026 Visa Bulletin was issued with notable progress across the board. Specifically, under the Final Action Dates, EB-1 India and EB-3 Other Workers China progressed 1 year, the EB-2 category progressed 2 months across the board, except EB-2 China, which progressed 3 months. EB-3 and EB-3 Other Workers India progressed 54 days, and other categories also progressed from 1 week to 1 month, respectively.

In the meantime, USCIS will continue to accept AOS (green card; I-485) applications filed with Priority Dates (PD) current under Dates for Filing chart (Chart B). Please see the changes summarized as follows (green for progress):

Final Action Dates

Categories	All other countries	China	India	Mexico	Philippians
1st	C	Feb. 1, 2023 10 days	Feb. 1, 2023 323 days	C	C
2nd	Apr. 1, 2024 60 days	Sep. 1, 2021 92 days	Jul. 15, 2013 61 days	Apr. 1, 2024 60 days	Apr. 1, 2024 60 days
3rd	Apr. 22, 2023 7 days	May 1, 2021 30 days	Nov. 15, 2013 54 days	Apr. 22, 2023 7 days	Apr. 22, 2023 7 days
Other Workers	Sep. 1, 2021 31 days	Dec. 8, 2018 365 days	Nov. 15, 2013 54 days	Sep. 01, 2021 30 days	Sep. 01, 2021 30 days

Dates for Filing

Categories	All other countries	China	India	Mexico	Philippians
1st	C	Aug. 1, 2023 78 days	Aug. 1, 2023 108 days	C	C
2nd	Oct. 15, 2024 92 days	Jan. 1, 2022 31 days	Dec. 1, 2013 No change	Oct. 15, 2024 92 days	Oct. 15, 2024 92 days
3rd	Jul. 1, 2023 No change	Jan. 1, 2022 No change	Aug. 15, 2014 No change	Jul. 1, 2023 No change	Jul. 1, 2023 No change
Other Workers	Dec. 1, 2021 No change	Oct. 1, 2019 365 days	Aug. 15, 2014 No change	Dec. 1, 2021 No change	Dec. 1, 2021 No change

CANADA BUSINESS IMMIGRATION UPDATES

Bill C-3 Takes Effect: A Clear Pathway to Canadian Citizenship for Thousands

On December 15, 2025, Bill C-3, An Act to Amend the Citizenship Act, officially became law, marking a historic moment for Canadians at home and abroad. This long-awaited legislation eliminates the first-generation limit (FGL) to citizenship by descent, granting thousands of “Lost Canadians” and their descendants the right to reclaim or obtain Canadian citizenship. Minister of Immigration Lena Metlege Diab emphasized, “This new legislation strengthens the bond between Canadians at home and around the world, and reaffirms the values we hold as a nation.”

Under the new rules, individuals born before December 15, 2025, who would have been Canadian but for the FGL or other outdated provisions, are now recognized as citizens and can apply for proof of citizenship. For those born abroad on or after December 15, 2025, eligibility extends to children of Canadian parents who themselves were born outside Canada—provided the parent meets the substantial connection test.

What is the Substantial Connection Test?

The substantial connection test ensures that Canadian citizenship by descent is passed on responsibly. If a Canadian parent was born outside Canada and wishes to confer citizenship to a child born or adopted abroad on or after December 15, 2025, they must demonstrate a meaningful tie to Canada. Specifically, the parent must show at least 1,095 days (three years) of cumulative physical presence in Canada prior to the child’s birth or adoption. This requirement reflects Canada’s commitment to maintaining strong national ties while extending citizenship rights inclusively.

Canadian citizenship offers unique benefits, including the right to vote, unrestricted entry into Canada, eligibility for a Canadian passport, and greater freedom to sponsor family members. With Bill C-3 now in effect, Immigration, Refugees and Citizenship Canada (IRCC) will process applications under the new rules, and those who applied under interim measures introduced in 2023 do not need to reapply.

If you believe you or your child may qualify under these new provisions, get in contact with us to schedule a consultation to explore your options for applying for proof of Canadian citizenship.

Express Entry Update: Lowest CRS Cut-Off for Canadian Experience Class in 2025

Immigration, Refugees and Citizenship Canada (IRCC) has closed out the year with a major development for Canadian Experience Class (CEC) candidates. On December 17, 2025, IRCC issued 5,000 Invitations to Apply (ITAs) through the Express Entry system in a dedicated CEC draw—the largest of its kind this year. What makes this draw stand out is the Comprehensive Ranking System (CRS) cut-off of 515, the lowest CRS score for a CEC-specific draw in 2025. To be considered, candidates needed to have created an Express Entry profile before 6:58 p.m. UTC on September 9, 2025.

December 17th’s draw is the second CEC draw in as many weeks, with IRCC issuing 11,000 ITAs during this short period. Typically, Express Entry draws occur on alternate weeks, making this back-to-back pattern a welcome surprise for candidates. It also breaks the recent trend of CEC draws featuring high CRS cut-offs and only 1,000 ITAs per draw. The drop to 515 points represents a new low for CEC draws in 2025—previously, the lowest CRS cut-off for this program was 518 points.

This is the fifth Express Entry draw of December, following a Provincial Nominee Program (PNP) draw on December 15, a healthcare and social services occupation draw on December 11, and the largest Canadian Experience Class draw of the past 16 months on December 10, which issued 6,000 ITAs with a CRS cut-off of 518. So far, IRCC has issued 111,998 ITAs through Express Entry in 2025, marking a record-breaking year for invitations.

Express Entry draws this year have primarily focused on PNP candidates, with additional ITAs for Canadian Experience Class, French-language proficiency, and priority occupation categories such as healthcare, education, and trades. In total, IRCC held 23 PNP draws, 15 CEC draws, 9 French-language draws, 6 healthcare and social services draws, 2 education draws, and 1 trade draw. The majority of invitations went to candidates in French-language and CEC categories, with 48,000 ITAs issued to French-speaking candidates, 36,850 to CEC candidates, 13,500 to healthcare and social services, 9,775 to PNP candidates, 3,500 to education, and 1,250 to trades.

With this latest draw, IRCC signals a strong commitment to retaining talent already contributing to Canada’s economy and communities. If you are wondering how competitive your profile is, book a consultation to explore strategies for improving your score and securing an ITA in future draws.

NEW LEARNING OPPORTUNITIES

Cap Exempt H-1B Roundup – Key Strategies for Avoiding $100k and Other Updates

David Zaritzky Brown, Managing Partner of Brown Immigration Law, will draw on his 28 years of business immigration law experience to outline strategies for avoiding the fee, including building a pipeline of alternative visa options or implementing hiring approaches that bypass the $100k payment. While the Proclamation itself complicates matters, David will also provide updates on the status of litigation and the likelihood of its success.

2026 H-1B Cap Season: What You Need to Know

As we enter 2026, it’s time to get ready for the H-1B lottery season. This webinar will help you navigate the process with confidence and answer your key H-1B Cap questions. 

Navigating Business Immigration in 2026

Join Managing Partner David Zaritzky Brown as he breaks down the latest business immigration updates, shares key info on the 2026 H-1B Cap season, and gives practical tips to help you navigate it all. He’ll also answer questions at the end so you can get clarity on how these changes might affect your organization or career. 

Replay: 2026 H-1B Cap Season – What You Need to Know

Due to popular demand, we are hosting another live session of our 2026 H-1B Cap webinar. If you missed the first session or want a refresher, this is your chance to get expert guidance on navigating this year’s H-1B lottery season with confidence. 

2026 H-1B Cap Lottery: A Guide for Employees

This webinar is designed for employees navigating the 2026 H-1B Cap lottery. All current employees we manage are invited to this event as are individuals considering cap sponsorship. Managing Partner David Zaritzky Brown will walk you through the Cap process step by step, covering key topics like timing for filings, travel considerations, contingency planning, and evaluating your chances in the lottery. 

Contingency Planning – What to Do if You’re Not Selected in the 2026 H-1B Lottery

Join us as we talk about contingency options for employees not selected in the 2026 H-1B Cap lottery. Unfortunately, every year we have applicants who, through no fault of their own, fail to receive a Cap acceptance and need an alternate solution. Managing Partner David Zaritzky Brown will outline the H-1 Cap selection process, provide insight on how we maximize chances of success, and if unsuccessful we’ll provide strategies to maintain work eligibility, including staying in the U.S. or temporarily working in other countries. 

H-1B Contingency Planning 2026: Exploring Canadian Options

Join Managing Partner David Zaritzky Brown and Supervising Attorney Barbara Vaz as they discuss contingency planning for employees not selected in the 2026 H-1B lottery. This session focuses on leveraging Canadian immigration programs to maintain workforce continuity and retain skilled U.S. employees.