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The Immigration Brief: DOL on Pause, USCIS Expands Biometrics, and DHS Tightens Policy

  • Writer: Milow LeBlanc
    Milow LeBlanc
  • Nov 12
  • 3 min read
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Shutdown Stalling Trump’s DOL Agenda

The prolonged government shutdown is putting the brakes on the Trump administration’s labor agenda. Anticipated rule changes aimed at reversing Biden-era labor policies are now delayed along with new immigration enforcement initiatives.


  • Roughly three-fourths of the Department of Labor’s workforce remains furloughed, freezing nearly all workplace dispute investigations.


However, in response to mounting pressure from the agricultural industry, DOL has recalled around 255 employees to process labor certification applications and prevailing wage determinations under the H-2A program. It remains unclear whether this limited team will also handle PERM or other nonimmigrant visa certifications a question that could have downstream effects on employers awaiting case progress.


USCIS Moves to Expand Biometric Collection

USCIS is proposing a rule that would dramatically expand biometric data collection to include not just fingerprints and photos, but also facial imagery, ocular scans, voiceprints, signatures, and even DNA samples.


Under this proposal, every individual tied to an immigration benefit, applicants, petitioners, sponsors, dependents, and beneficiaries would be required to submit biometrics, regardless of age or status, unless specifically exempted by DHS.


  • This expansion also extends to U.S. citizens, nationals, and lawful permanent residents, signaling a broad shift toward a more comprehensive biometric identification system.


Additionally, DHS plans to expand facial recognition at all U.S. border checkpoints starting in late December, underscoring a continued emphasis on digital surveillance and identity verification in national security policy.

🟢 Medical Conditions Now Considered in Visa Eligibility

A new State Department directive is instructing consular officers to deem visa applicants ineligible if their health or age could make them a potential “public charge.” This includes applicants with conditions such as diabetes or obesity, and grants officers broad discretion to deny applications on health-based grounds.


  • Critics warn this conflicts with the State Department’s own guidance, which bars decisions based on speculative “what-if” scenarios.


Meanwhile, DHS has advanced its “Public Charge Ground of Inadmissibility” rule to the White House for review. Though not yet public, it’s expected to echo the 2019 version that was struck down by federal courts one that required extensive financial documentation from applicants to prove self-sufficiency.


  • If reinstated, the 2025 rule could once again reshape how foreign nationals and sponsoring employers prepare their filings, particularly for green card and visa applicants.

🟢 DHS to End TPS for South Sudan

Finally, DHS announced it will end Temporary Protected Status (TPS) for South Sudan effective January 5, 2026. Current beneficiaries will have 60 days from the announcement to depart the U.S. or face potential removal.


  • This decision continues the administration’s broader re-evaluation of TPS programs across multiple nationalities.

💼 PERM Perspective

For employers navigating the labor certification process, these developments underscore the fragility and interdependence of immigration workflows across agencies:


  • DOL backlogs could extend PERM processing timelines, particularly if adjudication resources are still diverted toward agricultural labor needs.


  • Expanded biometric and public charge rules suggest a future of greater scrutiny and documentation burdens, both for employers sponsoring workers and for legal teams managing compliance.


  • Policy volatility reinforces the value of partnering with experienced PERM advertising and immigration law professionals who stay agile through shifting regulatory landscapes.


As always, at Atlas, we’re watching every ripple, because when agencies pause, your timelines can’t afford to.

 
 
 

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