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
New Restrictions on “Countries of Concern” in Wake of D.C. Shooting
On Wednesday, November 26th, two members of the West Virginia National Guard were shot in D.C. According to various media reports, the individual accused of the shooting is an Afghan national who was screened and vetted prior to entry under the Operation Allies Welcome program in 2021 after serving alongside U.S. Special Forces for 10 years and was granted asylum in April 2025. This event set off a flurry of social media posts by President Trump and Secretary of Homeland Security Kristi Noem calling for additional measures to protect national security. DHS was quick to respond with multiple policy updates over the past several days, summarized below and explained in more detail on our Trending Topics page.
Impacted Countries: A travel ban impacting 19 countries was implemented June 9, 2025 by Presidential Proclamation 10949, which remains in effect. The 19 travel ban countries named in PP 10949 are considered “countries of concern” as it relates to the policy updates and restrictions imposed in the wake of the D.C. shooting. Accordingly, the new restrictions below apply to individuals from the following countries: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.
New restrictions on individuals from countries of concern:
- Reexamination of green card holders. On November 27, 2025, it was announced via social media that USCIS will conduct a “full scale, rigorous reexamination of every green card for every alien from every country of concern” (referring to the 19 travel ban countries).
- Additional scrutiny for discretionary immigration benefits. On November 27, 2025, USCIS updated its Policy Manual with guidance to consider relevant country-specific facts and circumstances as significant negative factors in the adjudication of discretionary benefits, including but not limited to adjustment of status applications and nonimmigrant extensions of stay and change of status requests.
- Pause on final adjudication of all case types. On December 2, 2025, USCIS published an update implementing a pause on final adjudications on all cases for individuals from the 19 travel ban countries. The pause is effective immediately and will remain in effect until USCIS issues further guidance on additional vetting of these nationals. The adjudicative hold on pending benefit requests applies to all case types as well as naturalization oath ceremonies for individuals from these countries, regardless of entry date.
Additional restrictions for Afghan nationals:
In an address on November 26th, President Trump called for the “re-examination” of all Afghans who came to the U.S during the Biden Administration. On November 28th, USCIS announced via social media that it has indefinitely halted processing of “all immigration requests” for Afghan nationals pending further review of security and vetting protocols, and the Department of State posted an indefinite halt on the issuance of non-immigrant and immigrant visas for all individuals traveling on Afghan passports.
Other measures in response to D.C. shooting:
- Adjudicative hold on all asylum applications, regardless of nationality. The pause on pending asylum applications was implemented in the December 2nd USCIS policy update, effective immediately.
- Potential to expand travel ban. Bloomberg reported on December 2nd that DHS is expected to provide a list of countries to expand the existing travel ban to include around 30 countries.
This is a rapidly evolving situation. This alert reflects the latest information as of December 2nd. Keep an eye on our Trending Topics page for further updates!
Update on Timeline of Challenge to $100K H-1B Fee from Court
As we have previously reported, there are ongoing lawsuits against President Trump’s Proclamation adding a $100,000 fee for certain H-1B petitions.
The judge presiding over one of the lawsuits has issued an order requiring that the government file its opposition brief against summary judgment by November 28, 2025, with the plaintiffs, the United States Chamber of Commerce and the Association of American Universities, receiving until December 8, 2025, to reply. Judge Beryl Howell’s order providing an expedited briefing schedule suggests that the judge may be prepared to issue a ruling on summary judgment by the end of the year.
If the plaintiffs are successful, the Court could halt the implementation of the Proclamation while the judicial process continues, with the losing party having the right to appeal the Court’s decision. The Court’s initial ruling on the question of summary judgment and the DC Circuit’s treatment of the expected subsequent appeal should offer some additional clarity on the new fee, and we will continue to monitor the proceedings of this and other lawsuits closely to provide the latest updates.
OFLC Releases Guidance Regarding Filing Accommodations Due to the Government Shutdown
The Office of Foreign Labor Certification (OFLC) has officially resumed processing prevailing wage requests and labor certification applications following the end of the recent government shutdown. OFLC notes that, while operations are back online, individuals may experience longer processing times as the agency works through the backlog created during the lapse in appropriations.
In recognition of the challenges employers faced from October 1, 2025 through November 2, 2025 (the longest government shutdown in U.S. history), OFLC has also implemented temporary extensions and emergency procedures to accommodate applications impacted by the shutdown. Mailed submissions postmarked during this period will be considered filed as of their postmark date, and all responses to OFLC correspondence originally due during the shutdown will receive an automatic 33-day extension with no need to request an extension. Employers whose PERM recruitment or prevailing wage determinations expired during the shutdown may still file applications within this same extended window. Additionally, OFLC encourages employers unable to meet H-2A, H-2B, or CW-1 filing timelines to use existing emergency filing provisions. These flexibilities apply only to OFLC deadlines and do not affect appeal deadlines governed by BALCA.
For guidance on navigating the extended deadlines, emergency filing options, or PERM-related strategies contact our team for support as we are here to help you navigate timelines and keep your immigration processes moving forward.
Department of State Reportedly Expanding Scope of Health Review in Visa Applications
According to several news reports, the Department of State has issued new internal guidance for consular officers directing them to review a significantly expanded range of health conditions when evaluating visa applications to determine whether applicants could become a public charge based on their health status and potential future medical costs. Some of the new health conditions officers will be evaluating include high blood pressure, obesity, mental health conditions, cardiovascular disease, diabetes, and other respiratory, neurological, or metabolic diseases. Consular officers are also asked to consider the health conditions of an applicant’s family members in making their public charge findings, though the family members may not be visa applicants themselves.
This new update deviates from the Department’s standard visa adjudication policy of screening for communicable diseases and will now encompass a prospective assessment of an applicant’s future healthcare costs due to their chronic condition(s). Immigrant visa applicants with common health conditions may be asked to provide more robust information regarding their financial status and ability to cover the cost of any treatment for health conditions. Though no formal guidance for the public has been released, we will continue to monitor. If you are concerned about an ongoing or future case, please contact your BIL attorney.
USCIS Proposed Rulemaking to Collect Biometrics from All Immigration Benefit Seekers
On November 3, 2025, USCIS published a notice of proposed rulemaking that would require biometrics from anyone filing for immigration benefits, regardless of their age, benefit requested, or class of admission, with very limited exemptions under “extraordinary circumstances”. The proposed rule also expanded biometrics collection authority upon arrest; expanded the definition of ‘‘biometrics’’ (to include facial imagery for facial recognition, fingerprints and palm prints, ocular imagery, voice, and/or DNA); codified reuse requirements; codified and expanded DNA testing, use and storage; etc. The proposed rule is currently in the notice and comment period, which ends on January 2, 2026, and it will come into effect after that. We will continue to monitor.
December Visa Bulletin
The December Visa Bulletin has been released by the Department of State. USCIS will continue to accept adjustment of status applications with priority dates current under the ‘Dates for Filing’ chart in December 2025.
There was relatively low movement across the visa bulletin this month, with the most movements being 2 months in some categories. These trends indicate that while there remains a high demand relative to the number of available immigrant visas, USCIS is slowly moving forward with adjudication of already filed adjustment of status cases and more individuals with current priority dates under the relevant EB-4 and EB-5 preference categories can now file their adjustment of status applications.
CANADA BUSINESS IMMIGRATION UPDATES
Landmark Bill to Restore Citizenship to ‘Lost Canadians’
The Canadian Parliament has passed Bill C-3, An Act to amend the Citizenship Act (2025), which is set to become law upon receiving royal assent. This legislation is a significant measure intended to address the long-standing issue of “Lost Canadians”—individuals, primarily children of Canadians, who were unable to acquire Canadian citizenship due to the first-generation limit (FGL) to citizenship by descent. The current FGL, in place since 2009, prevents a child born outside Canada from automatically inheriting citizenship if their Canadian parent also obtained their citizenship by descent. The passage of Bill C-3, which cleared its third reading in the Senate on November 19, 2025, is expected to grant citizenship to thousands of affected individuals.
Bill C-3 will not only restore Canadian citizenship to all individuals currently impacted by the FGL but will also introduce a crucial exception for future generations. Moving forward, children born or adopted outside Canada to a Canadian citizen by descent will be able to inherit citizenship, provided their Canadian parent demonstrates a “substantial connection to Canada”. This connection is defined by the bill as having accumulated at least 1,095 days of physical presence in Canada prior to the child’s birth or adoption. This legislative action follows the Ontario Superior Court of Justice declaring the current form of the FGL unconstitutional in December 2023. The court had set and subsequently extended multiple deadlines for the federal government to amend the Citizenship Act, with the most recent extension pushing the deadline to January 20, 2026. The Senate, during its third reading of the bill, rejected an amendment that would have made the “substantial connection” test stricter by requiring the 1,095 days of presence to fall within a five-year period.
Canada’s 2026–2028 Immigration Levels Plan: A Strong Focus on Transitioning Temporary Residents to Permanent Status
Immigration, Refugees and Citizenship Canada (IRCC) has released its 2026–2028 Immigration Levels Plan, signaling a clear policy shift: prioritizing temporary residents already living in Canada for Permanent Residence (PR). While the plan does not introduce a dedicated “In-Canada Focus” category, the underlying strategy is evident—retain and integrate individuals who are already contributing to Canada’s economy and communities, while reducing the intake of new temporary residents.
Minister Lena Diab confirmed this approach, stating that IRCC will “give priority for permanent residence to temporary residents already living and settled in Canada.” This marks a significant change in Canada’s immigration policy direction.
Two major economic immigration programs will drive this transition:
Express Entry
- Federal High-Skilled admissions remain strong, stabilizing at 111,000 admissions in 2027 and 2028.
- With 64% of 2026 PR admissions allocated to economic immigration, candidates under the Canadian Experience Class (CEC) are expected to benefit most.
CEC applicants—who have Canadian work experience and are well-integrated into the labour market—align perfectly with IRCC’s goal of prioritizing settled individuals.
Provincial Nominee Program (PNP)
- PNP targets will increase by 66% in 2026, from 55,000 to 91,500 admissions, and rise further to 92,500 in 2027 and 2028.
- This expansion gives provinces greater flexibility to nominate temporary residents already living and working locally.
PNPs often include streams for candidates with regional work experience or education, making them a critical pathway for work and study permit holders seeking PR.
To accelerate this transition, IRCC has announced two major temporary programs:
- Accelerated PR for Skilled Workers
Up to 33,000 foreign workers in Canada—especially in in-demand sectors and rural areas—will have their PR applications fast-tracked. Priority will go to those with strong community ties, stable employment, and tax contributions. - PR for Protected Persons
Up to 115,000 temporary residents recognized as Protected Persons by IRCC and the Immigration and Refugee Board (IRB) will gain PR status over two years. This initiative supports Canada’s humanitarian commitments while integrating these individuals into the economy.
These measures underscore IRCC’s strategy to stabilize immigration by reducing new temporary resident intake and focusing on those already in Canada. For temporary residents, this is a critical opportunity to secure permanent status through existing pathways like Express Entry and PNP, as well as upcoming one-time initiatives.
Start Preparing Now for the Upcoming TR to PR Pathway
The Canadian federal government plans to transition up to 33,000 temporary residents to Permanent Residence (PR) during 2026 and 2027. This represents a major but time-limited opportunity. While details are still emerging, including a lot of speculation, it’s not yet clear whether this will be a standalone program or integrated into existing pathways such as Express Entry.
Based on the experience with the 2021 TR to PR pathway—which reached its application cap on the very first day—our firm strongly recommends that all eligible foreign nationals take proactive steps now to prepare their application documents.
Do not wait for official details or the opening date. Gathering mandatory documentation often takes weeks or months, and the application window will likely be short. A complete, well-organized application is the single most important factor for success in this highly competitive, one-time initiative.
Start immediately with documents that require long processing times or advance scheduling:
- Language Test Results
Book and complete an approved language test (CELPIP-General, IELTS General Training, PTE Core, TEF Canada, or TCF Canada). Ensure your results will still be valid on the day you submit your application. - Police Certificates (Criminal Background Checks)
Begin obtaining police certificates from every country where you have lived for six or more consecutive months since age 18. Processing times vary widely and can take months. - Educational Credential Assessments (ECAs)
If you hold a foreign degree, confirm your ECA is current and ready.
By acting today to secure your language test results and police certificates—you will be better prepared once the pathway opens. As mentioned, IRCC hasn’t yet released detailed information on how this new pathway will work but if similar to the 2021 pathway – we suggest getting your documents prepared in advance.
We recommend consulting with our immigration professionals to review your specific profile and confirm your document readiness.
NEW LEARNING OPPORTUNITIES
Simple, Successful Visa Strategies for New or Existing U.S. Companies
This session is designed for companies either already in the U.S. or preparing to establish U.S. operations. It will provide a clear and concise understanding of the best paths available given a company’s specific situation. Join Managing Partner David Zaritzky Brown, who brings over 28 years of experience and thousands of successful cases, as he outlines the most effective visa pathways for launching and staffing new ventures, or hiring key talent for existing U.S. businesses.
David will cover major visa categories including the L-1, E-1, E-2, E-3, TN, IEP, and O-1, explaining how each supports different business goals. Through real-world case studies, he’ll demonstrate how companies can identify the best visa options for routine hiring, bringing over initial management teams, while also addressing corporate changes and long-term green card planning.
Key Business Immigration Updates and Planning: Top Changes from 2025 and What’s Ahead in 2026
2025 was like any other in the history of immigration in the U.S. While the initial focus was on detention and removal of undocumented populations the focus has shifted in key ways. From major policy shifts during the first year of the Trump administration’s return to office to new discussions about potential H-1B filing fees and wage-leveling changes, 2025 brought no shortage of developments that impact employers and foreign talent alike. While much of what we do remains unchanged, the implications are increasingly important.
