Rapid Shifts in US Immigration: New Screening Measures Affecting Travelers, Visa Holders, and Employers

The past few weeks have brought a remarkable wave of activity across the US immigration landscape, with agencies moving quickly on policy shifts that will shape how employers and applicants navigate the system in 2026 and beyond. From newly released adjudication guidance and processing changes, to evolving enforcement priorities and technology-driven reforms, federal agencies including US Citizenship and Immigration Services (USCIS), US Customs and Border Protection (CBP), and the Department of State (DOS) have signaled a more stringent, security-focused, and data-integrated approach to US immigration policy. These changes are influencing how organizations and their employees plan for compliance in a tightening regulatory environment.

Against this backdrop, applicants and employers alike are confronting practical impacts—expanded screening protocols and increased scrutiny, longer processing timelines, and shorter work authorization validity periods, that touch multiple visa categories. The past two weeks have illustrated how quickly the immigration system is evolving. In this Legal Update, we break down the key updates, what they mean in practice, and what to watch for as additional policy announcements and guidance continue to roll out.

Enhanced Vetting and Screening

Enhanced screening measures are extending across the immigration lifecycle, from expanded country-based entry restrictions and biometric exit checks to criminal-history and social-media vetting. These measures result in increased visa revocations and processing delays. Employers and applicants should anticipate heightened scrutiny, longer processing times, and potential disruptions to planned travel and visa renewals.

1. Anticipated Expansion of June 2025 Travel Ban: The White House is expected to expand the list of countries subject to full or partial travel suspension under Presidential Proclamation 10949. Although an updated list has not been released, the Secretary of Homeland Security stated that the list is expected to increase to more than 30 countries. The current list of countries subject to a full or partial travel ban are: Afghanistan, Burma, Burundi, Chad, Republic of Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela, and Yemen.

Mayer Brown Insights: We anticipate that the expanded list may include some of the countries identified by the Trump Administration earlier in the year as potentially being of concern.

2. Prior Arrest or Citation May Result in Visa Revocation: The US government is moving towards a “continuous vetting” model of review, which includes analyzing criminal history databases. In some instances, visas are subject to “prudential revocation,” a precautionary cancellation of travel authorization when criminal incidents appear on the record. This may include dismissed or older charges. Under consular guidance, a prior arrest or conviction listed in a law-enforcement system may trigger revocation, even if the case was resolved.

Mayer Brown Insights: Visa status is increasingly viewed by the US government as conditional, and security screening is extending past the initial visa issuance. For individuals who may be affected, we recommend collecting relevant records (such as charging documents and evidence of outcome or disposition) in advance and speaking with legal counsel regarding potential impact.

3. Expansion of Social Media Vetting: As part of the security vetting process, the US government has broadened its screening protocols to include the social media and online public activity of H-1B and H-4 applicants. DOS is instructing applicants to adjust the privacy settings on their social media accounts to “public.”

Mayer Brown Insights: Applicants should review their social media presence (including posts, comments, and connections) and other public content to ensure it is accurate and consistent with past and current immigration filings. They should also consider whether the content could be misunderstood or raise questions during vetting. Delays in visa interviews as well as potential initial refusals (administrative processing) may increase, as officers incorporate online activity into their reviews. We expect this type of review to eventually expand to all visa categories.

4. H-1B and H-4 Visa Appointment Delays: To implement DOS’s new, more stringent vetting protocol, some consular posts have reduced their available interview slots and have cancelled or delayed appointments originally scheduled for December 2025—in some cases to early spring or summer 2026.

Mayer Brown Insights: Individuals planning international travel to renew a visa should depart while they still have valid time remaining on their current visa, in case of unexpected cancellations or processing delays that arise after they leave the United States. We recommend securing a visa appointment approximately three or more months before the current visa expires to preserve a path for reentry to the United States.

5. DHS Biometric Entry–Exit Rule: Beginning December 26, 2025, the Department of Homeland Security will require most foreign nationals to complete biometric identity checks (primarily facial recognition) when entering and departing the United States. This marks the first time biometrics will be used systematically to record departures, introducing a formal identity verification step into the departure process for international travelers. U.S. citizens may opt out of biometrics collection by presenting a U.S. passport.

Mayer Brown Insights: The entry/exit program is intended to enhance national security, strengthen immigration oversight, and streamline the identity verification processes. Departures, which historically were recorded inconsistently, will now be systematically captured and treated as authoritative evidence when assessing immigration compliance.

USCIS Policy Updates

USCIS has introduced a series of measures incorporating country-specific risk factors into discretionary adjudications, imposing holds and re-reviews on cases tied to designated countries, curtailing EAD validity, and expanding vetting and screening measures.

6. Weighing Country-Specific Factors in Adjudications: In a November 27 Policy Alert, USCIS announced that the agency will consider country-specific factors when adjudicating immigration benefit requests, effective immediately. This may include applications for employment and travel authorization, adjustment of status (US permanent residency), extension of nonimmigrant stay, and changes of nonimmigrant status. The factors outlined in the Presidential Proclamation 10949, such as insufficient vetting and screening information, will be considered as “significant negative factors” in adjudications.

Mayer Brown Insights: This policy impacts citizens of the 19 countries listed above who are already in the United States.

7. Agency Hold and Agency Review of Approved Benefit Requests: A December 2, 2025 USCIS Policy Memorandum places: (a) a hold on all asylum applications regardless of country of nationality; (b) a hold on pending benefit requests for applicants from the 19 countries listed in Presidential Proclamation 10949 (such requests include applications for permanent residency and travel documents); and (c) a comprehensive review of approved benefit requests for citizens of the 19 countries who entered on or after January 20, 2021.

Mayer Brown Insights: USCIS will conduct individualized, case-by-case reviews for all affected applicants. As part of this re-review, USCIS may require new biometrics, schedule interviews, issue requests for evidence, or reopen previously adjudicated cases. Implementation is expected to take up to 90 days while USCIS compiles priority lists for ICE and other law-enforcement agencies and develops operational guidance.

8. New USCIS Screening and Vetting Center: On December 5, 2025, USCIS announced the establishment of a USCIS Vetting Center, headquartered in Atlanta, to enhance the screening and vetting of applicants. Utilizing DHS and other law enforcement and intelligence screening resources, the center will conduct reviews of pending applications and conduct holistic reviews of already-approved applications. Reviews will prioritize applications from presidentially designated countries of concern.

Mayer Brown Insights: USCIS has not yet announced when the center will be fully operational. However, employers should expect longer processing times and plan to file renewals as early as possible.

9. Heightened Scrutiny in Marriage-Based Cases: There are reports that USCIS is applying increased scrutiny in marriage-based permanent residency interviews, including closer review of applicants’ immigration history (such as prior ESTA use or gaps in underlying status after filing the green card application).

Mayer Brown Insights: Early coordination with legal counsel and careful preparation may help ensure that any status-history questions are addressed and supported with the appropriate documentation.

10. Changes to Employment Authorization Document Validity and Renewal Requirements: Automatic Employment Authorization Document (EAD) extensions ended on December 5, 2025, and USCIS has reduced maximum EAD validity from 5 years to 18 months for multiple categories, including applicants for humanitarian programs such as asylum, TPS, and parole, as well as applicants for adjustment of status (permanent residency).

Mayer Brown Insights: These changes require more frequent renewals and earlier planning. Employers should provide advance notice to employees approximately seven to eight months in advance for Form I-9 revalidations and encourage employees to file renewals as soon as the six-month window opens, to avoid gaps in work authorization.

Mayer Brown will continue to monitor announcements and provide timely updates to help your organization navigate the impact of these changes. We are available to support proactive planning, compliance guidance, and workforce management solutions.