What you missed in Immigration: Public Charge Power Moves, Gold Cards, and Inflation Hits USCIS

Last week was packed with sweeping policy proposals, new fees, and a shiny new “gold card” program that promises fast-track residency with a seven-figure price tag. Here’s what employers need to know, and what each development signals for the future of workforce immigration and PERM strategy.

🏛️ DHS Publishes Proposed Public Charge Rule — And It’s a Big One

DHS has released a proposed rule that would overhaul the 2022 public charge framework, dramatically expanding what officers can consider when reviewing immigration applications. Key points:

• Officers may now consider any “relevant factors” without limitation.

• State-funded benefits used by the immigrant or anyone in their household may count against them.

• Programs like SNAP, CHIP, Medicaid, and housing benefits may be treated as negative factors.

• The rule gives itself permission to add more benefits later through DHS “guidance” potentially without public comment.

• A recent State Department cable also encourages consular officers to deny visas based on chronic health conditions (obesity, heart disease, diabetes, cancer).

• Public comments accepted through December 19, 2025.

Between the lines:

This “fill-in-the-blank” approach appears designed to bypass the Administrative Procedures Act (APA) and allows DHS to update the rule later without public scrutiny.

Why it matters: Critics warn the rule could:

• Discourage immigrants from using essential services

• Increase RFEs

• Create arbitrary adjudications

• Worsen health outcomes for mixed-status households

• Heighten financial-document burdens for adjustment applicants

The PERM Takeaway:

For employers sponsoring green cards, expect:

• Heavier financial evidence requests

• Tighter adjudication standards

• Longer case preparation timelines

Adjustment of status cases may see more RFEs, and mixed-status households may become more cautious. PERM teams should prepare for extra documentation, earlier screening conversations, and closer coordination with counsel.

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💳 DHS Receives Emergency Approval for the “Gold Card” Form

DHS secured emergency approval for the USCIS form tied to the administration’s new “gold card” program — a fast-track residency option for the ultra-wealthy.

Highlights:

• Draft Form I-140 includes a $15,000 review fee.

• Eligibility assessment targets EB-1 and EB-2 classifications.

• The program offers “U.S. residency in record time” for:

• The administration aims to launch by December 18, 2025.

The PERM Takeaway:

This program isn’t competing with PERM, it’s operating in a different universe entirely. But it does signal a direction: greater monetization of immigration pathways. For employers, the practical takeaway is that scrutiny on employment-based categories may tighten to compensate. Prepare for higher evidentiary standards, more compliance demands, and stricter definitions of “real work,” “real jobs,” and “real wages.”

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📈 USCIS Announces Inflation-Based Fee Increases for H.R. 1

USCIS published a notice confirming that fees tied to H.R. 1 (“One Big Beautiful Bill Act”) will increase annually based on inflation beginning FY 2026, with the first adjustments effective January 1, 2026.

A full fee list is available, showing increases across multiple categories.

The PERM Takeaway:

Employers should anticipate annual budget adjustments for all employment-based filings not just PERM-adjacent forms. The days of static USCIS fees are over. Now is the time to build predictive cost modeling into HR and immigration planning to avoid year-over-year shocks.

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⚖️ EEOC Releases Guidance on Discrimination Against U.S. Citizens

The EEOC has issued fresh guidance reminding employers that national origin discrimination applies to U.S. citizens too — especially when companies appear to favor hiring immigrants or visa holders. Acting Chair Andrea Lucas has made clear that enforcement targeting “citizen exclusion” is now a priority.

The PERM Takeaway:

This is a critical compliance reminder: PERM recruitment must demonstrate no bias in either direction. Employers should ensure:

• Job postings are neutral

• Candidate evaluation criteria are consistent

• Recruitment files clearly document lawful, nondiscriminatory processes

In an era of heightened EEOC oversight, PERM recruitment must be extra clean, extra consistent, and extra defensible.

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✅ Final Thoughts

From sweeping public charge changes to inflation-driven fees and new enforcement priorities, last week made one thing clear: Immigration policy is tightening, monetizing, and scrutinizing... all at once.

Employers relying on foreign talent should stay proactive, prepare for more documentation, and invest in airtight PERM workflows to stay ahead