Whether you’re planning a trip to the US or applying for a US visa, green card or some other US immigration benefit, you might be confused or overwhelmed by the barrage of news and changing guidelines on these topics right now. Continue reading for clarification on some of the recent issues causing confusion.
US Federal Government Shutdown
Since October 1, 2025, the US federal government has been shut down. Many federal agencies have suspended their activities during this time. Because USCIS is primarily funded by filing fees from its various applications, the intake, processing and adjudication of USCIS applications in the US is continuing despite the shutdown. Similarly, consular operations (eg, services for US visas and passports) are continuing during the shutdown.
Despite the aforementioned continuity in services, other services (particularly those that rely on domestic support) have been negatively impacted by the lapse in appropriations, including:
- The State Department’s Business Visa Center’s services
- Some ceremonies for naturalization
- Certain USCIS and visa services that require input from the US Department of Labor (which suspended many of its activities during the shutdown).
Visa Applications from “Third-Country Nationals”
In the past many US consular posts accepted and adjudicated visa applications from Third-Country Nationals (ie, persons who are not residents or citizens of the country where the consulate is located). That flexibility has recently been curtailed, since the State Department now requires (with limited exceptions) visa applicants to be interviewed in the country where they reside or have citizenship.
Digital Identity
Many children in the US are familiar with the old saying “Sticks and stones may hurt my bones but words will never hurt me.” In light of the US government’s recent enhanced monitoring of social media accounts, that adage is no longer valid. Certain things that are written on social media platforms may indeed cause problems for certain individuals. For example, applicants for student visas who have set the privacy settings on their social media accounts to “private” may have increased difficulty with their visa applications, since the US Department of State now requests such applicants to set their privacy settings to “public” to facilitate screening of those social media accounts.
In recent cases where the US Department of State determined that the activity (eg, likes, posts, etc.,) on a person’s social media account demonstrated that the person is critical of US foreign policy or had a hostile view towards Americans, the State Department has revoked such persons’ visa or deny their visa application.
It is important to remember that vetting of social media accounts can even when flying attempting to enter the US. While persons who are in the US have constitutional protections against unlawful search and seizure, US courts have determined that persons who are at the US border and seek entry to the US do not enjoy the same level of constitutional protection. As a result, US border agents may lawfully search the electronic devices (including all data and apps on those devices) of travelers to the US (even US citizens).
Gold Card
“Give me your tired, your poor, your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door.”
In a move that seems to disregard all but the penultimate word of that inscription found on the Statue of Liberty’s pedestal (written by American poet Emma Lazarus), in February 2025 the current administration announced a new “gold card” to ostensibly facilitate the immigration of millionaires to the US. It was intimated that the gold card would replace the EB-5 visa and since February 2025 the administration has stated that details about the card would be revealed soon.
In June 2025 the administration launched a website for signing up for the gold card and an even more exclusive platinum card. That website contains some discussion about the cards that can best be described as speculative ambitions. It frames the gold card in the context of other immigrant visas used to obtain a green card (particularly the EB-1 and EB-2 visas). While the administration no longer actively implies that the gold card would replace the EB-5 visa program, as of October 2025, details about the legal process for applying for the gold card or the platinum card have not been revealed. Additionally, the administration has not explained how or when the gold card (which purportedly would require the applicant to make a “gift” of $1 million) would be preferred over the EB-5 investment visa (whereby the applicant could make an investment of $0.8 or $1.05 million, share in the profits from that investment and through a predetermined exit strategy receive the $0.8 or $1.05 million that was initially invested).
H-1B Visa Presidential Proclamation
Last month a Presidential Proclamation was issued that requires certain H-1B petitions filed on or after September 21, 2025, to be accompanied by an additional $100,000 payment as a condition of eligibility. The wording of the Proclamation was ambiguous and lacked many details. As a result, additional clarifications were subsequently issued by various administration officials who revealed that the Proclamation does not apply in the following cases:
- Any previously issued and currently valid H-1B visas, including any holder of a current H-1B visa, or any alien beneficiary following petition approval, who is traveling in and out of the United States
- Any petitions submitted prior to September 21, 2025
- A petition filed on or after September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the US where the alien is granted such amendment, change, or extension.
Summary
While this article clarifies the new policies and practices for various US immigration issues as of October 2025, it is safe to assume that within a couple of months there will be new developments and guidelines from the administration that affect US immigration cases.
For assistance with your specific issue regarding US visas, green cards or entry requirements, contact our law firm for a consultation.
