U.S. Citizenship and Immigration Services (USCIS) has released two significant policy updates that will have real implications for employers, immigration practitioners, and foreign nationals navigating the system. 1. USCIS to Consider Anti-Americanism in Immigration Benefit Requests (Effective Aug. 19, 2025) USCIS has updated its Policy Manual  ( Volume 1 )  to clarify how officers apply discretion in adjudicating immigration benefits. The new guidance explicitly emphasizes: Negative Discretionary Factors : Involvement in anti-American activity, antisemitic terrorism, or organizations promoting extremist ideologies will be weighed heavily against applicants. Expanded Social Media Vetting : USCIS has broadened its vetting scope to include reviews for anti-American activity on social platforms. EB-5 Investor Petitions : Guidance now outlines how discretion applies in cases involving threats to national interest, fraud, or misrepresentation. USCIS reinforced its position that immigration benefits are a privilege, not a right , and officers must consider compliance with immigration laws alongside any evidence of extremist or anti-American affiliations. 2. USCIS to Enforce Consequences for False Claims (Effective Aug. 20, 2025) In a separate but equally important update, USCIS has revised Policy Manual Volume 8, Part K, Chapter 2,  focusing on fraud detection and false claims to U.S. citizenship. Key clarifications include: Matter of Zhang  Application : The decision now supersedes prior DHS policy that provided certain defenses to false claims of citizenship. Intent & Capacity Considerations : Officers will weigh age, knowledge, and mental capacity when evaluating whether a false claim was intentional. Consequences of Fraud : Any attempt to defraud the system or misuse benefits will result in severe immigration consequences, reinforcing USCIS’s commitment to robust screening. In today’s environment, rigorous compliance and proactive guidance are no longer optional they are essential . Employers and their counsel who stay ahead of these changes will be best positioned to safeguard both their workforce and their long-term immigration strategies.

USCIS Broadens Immigration Application Reviews to Flag “Anti-Americanism” USCIS announced it will begin screening  all applicants across green cards, visas, and citizenship for signs of “anti-Americanism” and antisemitism. The lack of clear standards leaves enormous discretion in the hands of officers, sparking uncertainty for families and workers who are otherwise compliant. The PERM Takeaway:  The trend toward broader discretionary reviews means employers must prepare for more unpredictable case outcomes. Documenting job-related requirements and ensuring full compliance in recruitment advertising will be critical as officers face wider latitude in decision-making. U.S. Naturalization Applicants Face Greater Scrutiny Under Expanded “Good Moral Character” Standard The Trump administration’s expansion of the “good moral character” standard now includes positive contributions like caregiving or steady employment, but also weighs socially questionable behaviors, even if legal. Rehabilitation can help, but small missteps may still trigger denials. The PERM Takeaway:  With moral character now under sharper focus, consistent employment history becomes an asset. Employers sponsoring foreign workers should emphasize stability, contributions, and compliance to bolster an applicant’s case while maintaining airtight PERM recruitment files. Trump Administration to Review All 55 Million U.S. Visa Holders The administration announced a sweeping review of all visa holders for possible violations covering records, social media, and even app data. Secretary of State Marco Rubio also announced an immediate halt to visas for foreign truck drivers, citing safety concerns. The PERM Takeaway:  Continuous vetting could create waves of disruptions across industries. Employers should expect sudden worker shortages and be proactive in PERM filings to safeguard long-term workforce planning, especially in roles flagged as “safety-sensitive.” STEM OPT Authorizations for U.S. International Students Jumped 54% in 2024 New data shows record numbers of international students working in the U.S. through OPT with STEM fields seeing a 54% jump. These students contributed nearly $44 billion to the economy and supported over 370,000 U.S. jobs. Read the full report .  The PERM Takeaway:  The OPT pipeline is expanding and that’s an opportunity for employers. But with rising hurdles, many students may look abroad. Companies should secure talent early and leverage the PERM process to convert OPT hires into permanent, long-term employees. U.S. Has Lost 1.2 Million Foreign-Born Workers Since January The U.S. has shed 1.2 million foreign -born workers since the start of the year, hitting agriculture, construction, and hospitality especially hard. Farm employment in California fell 6.5%, driving up vegetable and meat prices. Restaurants and construction sites also report widespread slowdowns. The PERM Takeaway:  Workforce shortages are no longer hypothetical, they’re here. Employers must lean into PERM as a strategic tool to fill critical labor gaps and stabilize operations. Being proactive in advertising and filings today means less disruption tomorrow.

CSPA Rule Change Puts Families at Risk Starting August 15, 2025, USCIS will only use the stricter Final Action Dates  chart to calculate ages under the Child Status Protection Act (CSPA). This means fewer young immigrants will keep “child” status, creating more family separations as kids age out of eligibility. Pending cases filed before August 15 remain under old rules. The PERM Takeaway:  Employers should prepare for more disrupted timelines when sponsoring employees with dependent children. Longer wait times could make the U.S. a less attractive destination for top talent, increasing competition for employers to retain and support global candidates. September 2025 Visa Bulletin: Small Shifts, Big Waits The September 2025 Visa Bulletin  brings modest family-based advances, including a two-month jump in F-2A and a five-month move for the Philippines’ F-3 category. Employment-based categories remain frozen, with EB-4 still unavailable until the new fiscal year. The PERM Takeaway:  For PERM-dependent employers, stalled employment-based categories mean continued bottlenecks. Strategic workforce planning including longer lead times and contingency hiring remains critical to meeting staffing needs. Trump Admin Reshapes Human Rights Report The Trump administration revised the State Department’s Human Rights Report , downplaying abuses in allied nations and removing references to LGBTQ+ rights and Gaza’s humanitarian crisis. Critics argue the changes politicize a historically nonpartisan report. The PERM Takeaway:  Shifts in foreign policy can ripple into immigration trends. Employers hiring from impacted regions should expect policy unpredictability, making compliance vigilance and adaptable workforce strategies more important than ever. USCIS Bars Transgender Women from Sports Visa Eligibility  A new USCIS policy  excludes transgender women from visas tied to women’s sports, including O-1A, EB-1, EB-2, and NIW categories. Past competition in women’s sports is now treated as a negative eligibility factor. The PERM Takeaway:  This policy marks a concerning precedent of restricting visa eligibility based on gender identity. Employers in athletics, academia, and beyond should watch closely such changes could expand to broader categories, tightening access to specialized talent.

Trump Targets Birthright Citizenship—Again The Trump administration is gearing up to enforce an executive order aiming to end automatic citizenship for children born in the U.S. to undocumented or temporary visa-holder parents. Although currently blocked by courts, the administration's preparation signals potential future shifts. The PERM Takeaway:  Employers need to stay vigilant. If implemented, this policy could reshape the demographic and legal landscape for immigrant employees and their families, impacting retention and recruitment strategies. No More Skipping Visa Interviews The convenient “Dropbox” program allowing visa renewals without interviews will end on September 2, affecting most nonimmigrant categories like H, L, O, F, M, and J. Anticipate longer processing times and logistical hurdles. The PERM Takeaway:  Companies relying on foreign talent should proactively manage timelines, prepare employees for extended wait periods, and consider expediting options to avoid disruptions. U.S. Passport Power Drops to Historic Low The 2025 Henley Passport Index reveals the U.S. passport has sunk to its lowest rank ever—10th place—due to diminished diplomatic relations. This ranking impacts Americans' global mobility and signals broader geopolitical shifts. The PERM Takeaway:  Global employers may see increased hesitancy among international candidates considering relocation to the U.S. Reinforcing attractive employment packages and ensuring smooth immigration processes becomes more crucial than ever. U.S. Tourism Takes a $29B Hit from Immigration Policies Trump-era policies have dealt a severe blow  to tourism, slashing visitor spending by $29 billion in 2025. Continued negative international perception and stringent border policies fuel the downturn. The PERM Takeaway:  Industries tied to tourism and hospitality must strategize to mitigate workforce impacts, potentially pivoting hiring strategies towards domestic or alternative international sources. Florida's "Alligator Alcatraz" Deportations Under Scrutiny Florida has begun deportations from the highly controversial "Alligator Alcatraz" detention facility amid legal challenges, diplomatic protests, and hurricane safety concerns. The PERM Takeaway:  Employers should monitor this closely as it reflects intensifying immigration enforcement practices, potentially influencing employee sentiment, compliance requirements, and company reputation.

Visa Sticker Shock: New $250 Visa Fee Incoming Starting soon, a new mandatory $250 "visa integrity fee" will impact nearly all U.S. visa applicants including workers, students, and tourists. While refundable under strict compliance conditions, uncertainty and potential delays are expected. Learn more.   The PERM Takeaway:  Employers should brace for increased visa processing expenses, budgeting accordingly and streamlining compliance procedures to minimize financial and administrative burdens. Mounting Backlogs at USCIS Spell Delays New USCIS data reveals  soaring backlogs and longer processing times due to heightened scrutiny under the Trump administration, affecting both family and employment-based immigration  categories. The PERM Takeaway:  Employers should proactively manage recruitment timelines and maintain clear communication with candidates to mitigate disruptions caused by processing delays. Harvard Under Scrutiny Over J-1 Visa Usage Harvard faces a federal investigation  into its J-1 visa program, highlighting growing U.S. oversight and potential implications for institutions nationwide. The PERM Takeaway:  Educational institutions and affiliated employers must rigorously ensure compliance in their foreign-national sponsorships to avoid heightened scrutiny and potential disruptions. H-1B Visa Cap Already Hit for FY 2026 USCIS announces the H-1B cap is reached, closing new petitions for the fiscal year. Extensions, transfers, and cap-exempt filings remain open. The PERM Takeaway:  Employers should explore alternative visa options, remain strategic in workforce planning, and consider early preparation for next year's H-1B cycle to avoid disruptions. Trump Administration Proposes Ending H-1B Lottery A revived proposa l aims to replace the H-1B lottery with a wage-based system, favoring higher-paid candidates and potentially sidelining international graduates and entry-level workers. The PERM Takeaway:  Employers should anticipate significant changes in H-1B strategies, prioritizing compensation structures and evaluating recruitment strategies that align with the proposed wage-based selection. 'Alligator Alcatraz' Faces Calls for Closure Amid Safety Concerns Advocacy groups are demanding the shutdown of Florida’s controversial detention facility due to severe health hazards and reported human rights violations. The PERM Takeaway:  Employers should monitor evolving public sentiment and governmental response to immigration enforcement practices, as policy shifts could affect immigration reform and compliance environments.

Americans Embrace Immigration Despite Trump’s Tough Policies A recent Gallup poll reveals a record-high 79%  of Americans view immigration positively—the highest approval in a quarter-century. Surprisingly, this shift includes Republicans, whose support for reducing immigration sharply fell from 88% to just 48%. Despite President Trump's renewed push for mass deportations, public opinion is clearly trending toward pathways for citizenship and comprehensive immigration solutions. The PERM Takeaway:  Public support for immigration is soaring, signaling that businesses should prepare strategically for policy shifts favoring skilled immigration and potentially more streamlined processes. Staying informed and proactive can position employers advantageously in a changing immigration landscape. U.S. Dramatically Cuts Visa Validity for Nigeria, Ghana, and Others The U.S. government has reduced most non-immigrant visas for citizens from Nigeria, Ghana, Cameroon, and Ethiopia to single-entry permits valid for just three months. This controversial move, justified by reciprocity claims disputed by affected countries, raises concerns about the potential disruption to educational, business, and cultural exchanges. The PERM Takeaway:  Companies employing talent from affected nations must anticipate delays and prepare for more frequent visa applications, creating additional complexity and costs in recruitment strategies. Employers must stay agile in adjusting their workforce planning and compliance strategies accordingly. Trump Administration Halts Bond Hearings, Expands Immigrant Detention The administration’s latest memo blocks bond hearings for many detained immigrants awaiting deportation proceedings, potentially extending detentions indefinitely. This measure, combined with increased funding for detention beds, marks a significant escalation in immigration enforcement tactics. The PERM Takeaway:  Businesses relying on foreign talent should expect prolonged immigration procedures and potential disruptions to staffing timelines. Navigating these new administrative hurdles efficiently will be critical to maintaining stable workforce operations. Carnegie Honors Immigrant Achievements with 2025 Great Immigrants List The Carnegie Corporation announced its 2025 list of "Great Immigrants, Great Americans, " spotlighting 20 influential immigrant leaders across fields such as healthcare, business, technology, science, and the arts. Notables include public health advocate Sandra Leisa Lindsay, entrepreneur Michele Kang, and Nobel laureate Moungi Bawendi. The PERM Takeaway:  Highlighting immigrant contributions underscores the value of a diverse workforce. Employers can leverage this positive narrative to advocate for supportive immigration policies and to attract global talent, emphasizing immigration’s vital role in fostering innovation and growth.

In this episode of Immigration Nerds , titled " Immigration Solutions for America’s Care Workforce Crisis " , host Lauren Clarke sits down with Amanda Bergson-Shilcock, Senior Fellow at the National Skills Coalition, to unpack one of the most urgent labor issues facing the country: the growing care workforce gap. As PERM professionals, it’s critical to understand not only how immigration intersects with the broader workforce but also how current U.S. policy—and its limitations—are affecting employers in care-related fields. From green card backlogs to credentialing challenges, this episode provides real insight into how immigration reform could help close the gap in direct care jobs and how immigrant workers already play a crucial role in this essential industry. Quote Highlight “Immigrants comprise about 1 out of every 4 direct care workers—and 1 out of every 3 home care workers.” — Amanda Bergson-Shilcock, National Skills Coalition 1. The Demand-Supply Imbalance in the Care Economy The U.S. will see 9 million job openings in direct care roles over the next decade. Meanwhile, demographic shifts show a rapidly aging population with those over 85 nearly tripling by 2060. Immigration is not just a helpful solution; it's a necessary one. This trend underscores the growing demand among employers who will need to sponsor foreign-born care workers to meet labor needs. 2. Immigration Pathways Are Misaligned with Care Industry Needs Current immigration frameworks disproportionately support tech and finance sectors, not the care economy. Jobs like home health aides, childcare workers, and nursing assistants often fall through the cracks of U.S. visa categories, despite being in critical demand. This misalignment creates opportunities for advocacy, especially through employer-sponsored green cards via the PERM process. Employers struggling to find qualified U.S. workers can and should look to immigration-based hiring strategies. 3. Credential Recognition Is a Bottleneck Many immigrants already have the experience and training needed for care jobs—but their foreign credentials often go unrecognized. Amanda discusses innovative state-led solutions that help fast-track licensing, from Minnesota’s additional medical residency slots to Wisconsin’s caregiver training programs. This indicates a growing trend where state-level initiatives can complement federal immigration programs like PERM by helping employers verify and utilize foreign talent more efficiently. 4. Public-Private Partnerships Are a Game-Changer Employers, states, and nonprofit organizations are creating sector-specific workforce pipelines. These partnerships are building training and reskilling programs for both immigrants and U.S.-born workers, highlighting the critical role of collaboration. 5. The Case for Immigration as a Win-Win This episode emphasized what every immigration attorney and employer knows: immigrants aren’t taking jobs—they’re creating solutions. In fact, robust immigrant populations correlate with more job creation across the board, particularly in care-related sectors. Smart immigration policy, combined with workforce development, strengthens the entire U.S. economy. This Episode Is a Must-Listen For PERM professionals, HR leaders, and immigration attorneys, this episode offers more than policy insights—it presents a roadmap for where the care economy and immigration systems must meet. It challenges employers to reframe care work as not only essential but also strategically viable for foreign labor sponsorship. Understanding these intersections today means being better prepared for tomorrow’s workforce demands. Subscribe to the Immigration Nerds  podcast for fresh, timely insights on immigration’s real-world impact on American businesses. And if you're an employer seeking to hire foreign workers for essential roles, consider how the PERM process can be part of the long-term solution.

Judge Halts Trump's Birthright Citizenship Order A federal judge has temporarily blocked  Trump’s controversial plan to end birthright citizenship  for children of undocumented parents and student visa holders, preserving constitutional protections—for now. Expect appeals and heated legal battles ahead. PERM Takeaway:  Employers must prepare for ongoing uncertainty around citizenship definitions, potentially impacting eligibility criteria for foreign-born employees. Trump Signs Massive Immigration Enforcement Bill President Trump’s " Big Beautiful Bill " injects $170 billion into immigration enforcement  and border security, with steep fee hikes and restrictions on immigrant aid. While supporters cheer stricter controls, critics warn of implementation delays and restricted access to legal processes. PERM Takeaway:  Anticipate increased scrutiny and longer processing times; employers should budget additional time and resources to maintain compliance. TPS Revoked for Hondurans and Nicaraguans T emporary Protected Status (TPS)  ends for over 70,000 Honduran and Nicaraguan nationals by September 2025, risking mass deportations and disruptions to families and local economies. PERM Takeaway:  Businesses reliant on TPS workers should urgently explore alternative legal immigration pathways to retain their workforce. Green Card Replacement Delays Skyrocket Green card renewal processing times surged nearly 1,000%, jumping from under a month to over eight months in just three months. With over 356,000 pending cases, lawful permanent residents face unprecedented delays. PERM Takeaway:  Employers should proactively manage timelines and documentation renewals to mitigate disruptions for foreign-born employees awaiting updated legal status. Shrinking Immigrant Workforce Threatens U.S. Economy A recent jobs report warns that declining immigrant participation—down over 735,000 workers since January—poses severe economic risks, notably in healthcare and other immigrant-dependent sectors. PERM Takeaway:  Employers must navigate increasingly restrictive immigration policies by diversifying recruitment strategies and advocating for responsive workforce solutions. Stay ahead of immigration shifts—your workforce depends on it! 🔍

Trump Administration Expands Interior Immigration Enforcement: The Trump administration, including Deputy Chief of Staff Stephen Miller, has increased pressure on Immigration and Customs Enforcement (ICE ) in recent weeks to increase deportations, leading to federal agents aggressively targeting worksites. Many immigration experts say that ICE needs to ramp up worksite enforcement to meet the Trump administration's arrest quotas. What they're saying: Lawyers and immigration advocates also believe that apprehending immigrants on account of their skin color is also leading to the apprehension of American citizens. In a recent video circulating online, Border Patrol agents are seen questioning Brian Gavidia, a US citizen, while pushing him up against a metal gate. Gavidia claims he was questioned because of "the way he looks." Javier Ramirez, also a US citizen, was arrested and detained at a federal detention center  after ICE agents claimed he looked suspicious to them and questioned him about his citizenship status. President Trump is defending  ICE actions, saying, "ICE Officers are herewith ordered, by notice of this TRUTH, to do all in their power to achieve the very important goal of delivering the single largest Mass Deportation Program in History." When asked about the alleged racial profiling, a White House spokesperson said the questions were "shameful regurgitations of Democrat propaganda by activists, not journalists." State Department Requires Social Media Screenings of Foreign Students: The State Department announced it would restart processing  foreign students' visa applications. The department explained that it had instructed  consular officers to screen student visa applicants' social media presence to look for "any indications of hostility towards the citizens, culture, government, institutions or founding principles of the United States." Embassies were also instructed to flag  "advocacy for, aid or support for foreign terrorists and other threats to U.S. national security" and "support for unlawful antisemitic harassment or violence." Support for the militant group Hamas was listed as an example. The cable also directed embassies to flag applicants with a history of political activism and should "consider the likelihood they would continue such activity in the United States." Foreign nationals applying for student and exchange visitor visas will also be asked to make their profiles public , and failure to do so would be considered a red flag. Possible Expansion of Travel Ban: The administration indicated it is also reportedly considering banning entry from an additional 36 countries , 25 of which are in Africa. Secretary of State Marco Rubio has given countries 60 days to respond to US security requirements. Rubio said he is concerned about allowing entry from countries with "widespread government fraud," "no competent or cooperative central government authority to produce reliable identity documents or other civil documents," or having a large number of US visa overstays. Rubio said he is also concerned about claims of "antisemitic and anti-American activity in the United States" by citizens from those countries. Rubio explained that countries could be exempted from the ban if they are willing to accept third-country nationals or enter into a "safe third country" agreement with the US. It is unclear when the proposed travel restrictions will be enforced if the countries are found not to have met the benchmarks.

Visa Trouble for World Cup Fans The 2026 FIFA World Cup  is coming to North America, but for fans from non–Visa Waiver countries, the long wait for B1/B2 tourist visas could mean missing the kickoff. Countries with severe backlogs may not see appointments in time, putting a damper on tourism and temporary business visits. The PERM Takeaway:  Visa appointment delays aren’t just a problem for tourists — they’re a warning sign for employers, too. Planning to bring candidates over on any nonimmigrant visa? Start the clock early. These delays are a reminder that PERM's timeline, while long, may still be more predictable than many other visa pathways. Medical Exam Rules Get Stricter USCIS now says the Form I-693  medical exam is valid for one application only. If your application is denied or withdrawn, you’ll need a new medical exam to reapply — no more reusing previous results. Exams signed before Nov. 1, 2023, are still good for two years. The PERM Takeaway:  While PERM doesn’t require a medical exam, this is a good reminder to double-check the fine print across the entire immigration process. Little things like form timing can derail green card processing — and lead to unnecessary do-overs. Coordination matters. New Rules on Refugee & Asylee Marriage Sponsorships USCIS will now  only accept legally recognized marriages — no more informal or traditional unions — for refugees and asylees sponsoring spouses. The rule solidifies existing court precedent and will apply retroactively to cases pending since March 3, 2025. The PERM Takeaway:  Documentation is everything. Whether sponsoring a spouse or an employee, immigration hinges on legal clarity. Make sure your candidates have verifiable, official records. “Close enough” no longer cuts it — especially under a stricter USCIS. Supreme Court Greenlights Third-Country Deportations The Supreme Court has ruled that the Trump administration can resume deporting migrants to third countries instead of their homelands, even for people with prior criminal convictions. Dissenters warn the move could endanger lives, while advocates vow to keep fighting. The PERM Takeaway:  Immigration enforcement priorities are shifting fast. If your workforce includes foreign nationals with complex immigration histories, expect policy whiplash. The safest move? Stick to clean, well-documented recruitment strategies like PERM that keep you in compliance. Worksite Raids Are Back on the Table Trump’s border czar confirms immigration raids at farms, hotels, and other worksites will resume, with an emphasis on targeting criminals — but all unauthorized workers may be swept up. ICE operations are ramping up in sanctuary cities and key industries. The PERM Takeaway:  The best defense is compliance. If your business relies on foreign talent, skip the shortcuts and get labor certifications in place. PERM ensures your hiring process is transparent and legally defensible — so you’re not caught off guard if enforcement knocks.