Alien Registration Requirement
On January 20, 2025, the Trump Administration issued Executive Order 14159, Protecting the American People Against Invasion. This order directed the Department of Homeland Security to ensure that foreign nationals register with the government as required under section 262 of the Immigration and Nationality Act (INA) and ensure that failure to comply with the registration requirement is treated as a civil and criminal enforcement priority.
Many foreign nationals in the United States are already registered. However, a significant number of foreign nationals present in the United States have had no direct way to register and meet their obligation under section 262 of the INA. U.S. Citizenship and Immigration Services (USCIS) has established a new form, G-325R, Biometric Information (Registration), and an online process by which unregistered aliens may register and comply with the law as required by the INA.
For more information, see our previous Client Alert – New Alien Registration Requirement.
“Gold Card” Visas
In February, the Trump Administration announced the U.S. would sell “Gold Cards” to wealthy foreign nationals, giving them the right to live and work in the United States long term and offering a pathway to U.S. Citizenship, in exchange for a $5 million fee. The Trump Administration says the Gold Cards would work like a green card but with “a higher level of sophistication.”
The Trump Administration says the sale of the Gold Cards will replace the existing EB-5 Immigrant Investor Program, which allows foreign national investors to invest in U.S. projects that create jobs and then apply for immigrant visas to the U.S. They also suggest that revenue generated from the program could be used to pay off the country’s debt.
While there are very few details available on how the new program will work, U.S. Commerce Secretary Howard Lutnick did announce the sale of 1,000 Gold Cards on Thursday, March 20th.
April Visa Bulletin for Employment-Based Adjustment of Status
U.S. Citizenship and Immigration Services (USCIS) has confirmed it will accept Adjustment of Status applications (Form I-485) for Employment-Based preference categories based on the Final Action Dates chart in April 2025. Notable highlights include:
- EB-1 remained unchanged for all countries except India, which has moved ahead by two weeks.
- EB-2 and EB-3 categories for all countries have moved forward slightly, with China experiencing the most progression.
- The Other Workers category saw steady progress across all countries.
- The EB-4 category has reached its annual limit and will remain unavailable until the new fiscal year.
- EB-5 saw significant retrogression for China and India, with China’s Final Action Date moving back over 2 years and 8 months, and India’s by nearly 2.5 years due to high demand.
View the full April 2025 Visa Bulletin chart here: Final Action Dates for Employment-Based Adjustment of Status Applications.
The Trump Administration Ended TPS For Cubans, Haitians, Nicaraguans, & Venezuelans
The Trump administration canceled extensions of Temporary Protected Status (TPS) for Cubans, Haitians, Nicaraguans, and Venezuelans. TPS is a form of immigration relief and is granted to foreign nationals in the U.S. who cannot return to their countries because of natural disasters or political upheaval. It has served as a temporary immigration protection and does not provide a pathway to citizenship.
Once these parole programs are set to end, foreign nationals who received TPS under these programs will need to depart the United States before their parole termination date.
Draft Travel Ban List
The Trump administration is considering implementing a travel ban that would impact citizens from as many as 43 countries when traveling to the United States. If these bans take effect, they would be broader than the restrictions imposed during President Trump’s first term.
A draft list of recommendations developed by diplomatic and security officials suggests a “red” list of 11 countries whose citizens would be flatly barred from entering the United States. They are Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela and Yemen.
It is not clear whether foreign nationals with existing visas would be exempted from the ban, or if their visas would be canceled. Nor is it clear whether the administration intends to exempt existing green card holders, who are already approved for lawful permanent residency.
Consular Post Closures
As part of its efforts to cut government spending, the Department of Government Efficiency (DOGE) has turned its attention to U.S. consulates and embassies abroad. The U.S. Department of State (DOS) announced plans to close at least a dozen consulates overseas by this summer. On its list of closures, DOS mentions missions in Brazil, France, Germany, Italy, and Portugal. DOS also proposes to consolidate consular resources on a regional basis with larger embassies and consulates, specifically in Bordeaux, Lyon, Rennes, and Strasbourg in France; Dusseldorf, Hamburg, and Leipzig in Germany; Florence in Italy; Ponta Delgada in Portugal; and Belo Horizonte in Brazil.
DOS has also removed the previous search function for determining consular visa appointment wait times from its website.
In addition to the closure of certain missions abroad, DOS is planning for significant layoffs of mission staff. This could impact future visa appointment availability.
Disclaimer:
This blog is a form of attorney advertising. Hodgson Russ LLP provides this information as a service to its clients and other readers for educational purposes only. Nothing in this blog should be construed as, or relied upon, as legal advice or as creating a lawyer-client relationship.
