Recent Immigration Updates
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EFFECTIVE As Indicated |
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Quick Look
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Discussion
Gold Card Visa Program
On September 19, 2025, the President issued an Executive Order instructing the Secretary of Commerce, the Secretary of State, and the Secretary of Homeland Security to establish a “Gold Card” program where an individual who makes an unrestricted gift to the Department of Commerce can receive expedited processing for an immigrant visa. The gift amounts are to be $1 million individually or $2 million for an entity on behalf of an individual. This monetary gift is to be evidence of eligibility in addition to consideration of public safety and national security concerns. The gift amounts are to be deposited into a separate fund in the Department of the Treasury and used to promote commerce and American industry.
Within 90 days of the date of the Executive Order, the Secretary of Commerce, the Secretary of State, and the Secretary of Homeland Security must:
- Establish a process for application and expedited adjudication of Gold Card petitions, visa issuance, and adjustment of status.
- Specify the date on which applicants or sponsors may begin to submit gifts for consideration under the Gold Card program.
- Establish a process for a Gold Card holder sponsored by a corporation or similar entity to abandon his or her status and for the Secretary of State and the Secretary of Homeland Security to consider the original gift as evidence of eligibility for a different individual specified by the corporation or similar entity.
- Establish administrative fees to cover the cost of expedited processing.
- Establish maintenance and transfer fees for corporations or similar entities sponsoring individuals under the Gold Card program.
- Consider expanding the Gold Card program to other visa applicants engaging in a new commercial enterprise.
The White House also issued a Fact Sheet which emphasized that the program’s purpose was to increase investment, revitalize industry, and create economic growth for the U.S.
H-2A Final Rule Changes Minimum Wage Policy
On October 2, 2025, the Department of Labor (DOL) issued an interim final rule, Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States, which drastically changes the H-2A visa program’s minimum wage policy. The H-2A program allows U.S. agricultural employers to use foreign nationals to fill temporary agricultural jobs in anticipation of a labor shortage. As part of this process, the DOL calculates the Adverse Effect Wage Rate (AEWR) which is the minimum hourly wage that employers must pay to H-2A workers. Employers must comply in order for H-2A workers to not negatively affect wages and working conditions of domestic agricultural workers in similar positions. The AEWR is calculated based on data from the U.S. Department of Agriculture’s Farm Labor Survey (FLS) which lists average wages for farmworkers in a state or region. In 2023, there was controversy over a new rule that would significantly raise certain H-2A wages. This resulted in a lawsuit that blocked the new rule and led to the suspension of the publication of the FLS.
The new interim final rule will now base AEWRs for farmworkers, agricultural equipment operators, livestock workers, graders/sorters, and packers on the statewide average hourly wages reported by the Bureau of Labor Statistics Occupational Employment Wage Statistics (OEWS) survey for the five most common Standard Occupational Classification (SOC) codes. The AEWRs will also be based on two skill levels:
- Skill Level I – Entry level wage rate based on the average hourly gross wage paid to the lower third of all workers in the five SOC codes comprising the field and livestock workers (combined) category or, for occupations outside of that category, the average hourly gross wage paid to the lower one-third of all workers in the specific SOC code assigned to the employer’s job opportunity.
- Skill Level II – Experience-level or qualified employees who possess, either through education, training, or experience, demonstrated skills or knowledge to perform the work covering the SOC code.
An adjustment will be applied to the OEWS wage rates to also reflect fixed costs, like housing, that H-2A employers are required to provide to their workers for no cost. A rate table included in the interim final rule also shows that for certain states, the state minimum wage will become the highest applicable wage rate for H-2A workers unless it is lowered downward by the nonmonetary compensation adjustment.
Although the rule is effective October 2, 2025, interested parties have until December 1, 2025 to submit comments on the rule.
EAD Expiration Updates for TPS and Humanitarian Parole
There have been several changes this year to the Temporary Protected Status (TPS) and humanitarian parole programs. Below is a non-exhaustive summary for the countries most affected by ongoing litigation and changes to the termination dates of their programs and associated Employment Authorization Documents (EADs). For additional information on specific countries, please review the USCIS website.
| Country | TPS Expiration Date | TPS-Related
EAD Expiration Date |
| Haiti | February 3, 2026 | EAD auto-extended through February 3, 2026 |
| Honduras | September 8, 2025 | September 8, 2025 |
| Nicaragua | September 8, 2025 | September 8, 2025 |
| Ukraine | October 19, 2026 | EAD expires when TPS ends |
| Venezuela | 2023 TPS designation ended April 7, 2025; and
2021 TPS designation ends November 7, 2025. |
TPS beneficiaries who received TPS-related employment authorization documents (EADs), Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026, expiration dates on or before February 5, 2025 will maintain work authorization and their documentation will remain valid until October 2, 2026, pursuant to the U.S. District Court for the Northern District of California’s order dated May 30, 2025. |
TPS Ends for Venezuela
On October 3, 2025, the U.S. Supreme Court allowed for termination of the TPS program for Venezuelan nationals while the underlying case challenging the merits of the termination proceeds. The case challenging DHS’ authority to end TPS benefits for Venezuelan nationals was appealed from a district court and Ninth Circuit Court of Appeals decision that DHS lacked authority to vacate the TPS benefits. This ruling only affects the lower court’s order that termination of the program was suspended pending review of the underlying legal challenge to the validity of the TPS termination. This decision allows termination of the program to proceed while the legal challenge is ongoing. Venezuelan nationals will no longer have legal status as of November 7, 2025. Employers whose workforce is made up of Venezuelan nationals with TPS benefits should consult with legal counsel to understand the ramifications of the Court’s ruling.
New $1,000 Parole Fee
Effective October 16, 2025, a notice published in the Federal Register titled Immigration Parole Fee Required by HR-1 Reconciliation Bill states that DHS will begin imposing and collecting a $1,000 fee for “any alien who is paroled into the United States.” Parole is a grant of temporary permission to enter the U.S. for urgent humanitarian or significant public benefit reasons, but does not confer immigration status. DHS interprets this to mean each time an alien is granted parole, the fee will be required. This includes initial parole from outside the U.S., Congressionally authorized “parole in place,” re-parole, or parole from DHS custody. Collection begins October 16, 2025 for individuals granted parole or re-paroled while physically present in the U.S.
The notice identifies ten exceptions to the fee where there is insufficient time for admission through the normal visa process. The Secretary of Homeland Security will determine if the following exceptions are met:
- The individual has a medical emergency that is life-threatening or they cannot obtain necessary treatment in the foreign state in which they are residing;
- The individual is the parent or guardian of a minor individual described in #1 above;
- The individual is needed in the U.S. for an organ or tissue donation;
- The individual has a close family member whose death is imminent;
- The individual needs to attend the funeral of a close family member;
- The individual is an adopted child with an urgent medical condition who is in legal custody of the petitioner for a final adoption-related visa;
- The individual is a lawful applicant for adjustment of status and is returning to the U.S. after temporary travel abroad;
- The individual has been returned to a contiguous country and is being paroled to attend an immigration hearing;
- The individual has been granted the status of Cuban and Haitian entrant as defined in the Refugee Education Assistance Act of 1980; or
- The Secretary of Homeland Security determines a significant public benefit has resulted or will result from the individual assisting in a law enforcement matter.
Action Items
- Consult with immigration legal counsel on ongoing immigration changes.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase