Immigration - Laborsphere

Temporary Protected Status (TPS): Where Things Stand at the Close of 2025

At a Glance

The Trump administration continues to move forward with terminating Temporary Protected Status (TPS) designations, in line with its stated immigration agenda. Out of 17 countries under active TPS designations at the beginning of this year, 11 have now seen protected status terminated.

The termination of a country’s TPS designation ends its nationals’ protection from removal and the ability to extend work authorization.

While the fate of the other countries that are still under active TPS designation remains uncertain, employers should be prepared for similar terminations in 2026, based on the administration’s agenda to examine and amend humanitarian immigration programs thus far.

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Hold on Immigration Applications From 19 Countries; Social Media Vetting; and More

At a Glance

U.S. Citizenship and Immigration Services will conduct a comprehensive review of approved benefit requests for foreign nationals from 19 African, Asian and Latin American countries who entered the United States on or after January 20, 2021, which may include an interview, even if an interview was previously conducted.

Effective December 15, 2025, the U.S. Department of State will conduct an online-presence review for all H-1B visa applicants and their H-4 dependents.

U.S. Customs and Border Protection has proposed a rule requiring travelers from visa-waiver countries applying via the Electronic System for Travel Authorization to disclose up to five years of social media history, along with other personal data.

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UK Immigration: 2025 Summary

At a Glance

The minimum skill level for the Skilled Worker visa route was raised from Regulated Qualifications Framework (RQF) Level 3 (A-level equivalent) to RQF Level 6 (graduate level).

The UK’s Electronic Travel Authorisation scheme reached full implementation in 2025.

The EU Entry/Exit System was introduced in 2025, requiring biometric checks for UK (and other non-EU) travellers entering the Schengen area.

The Home Office has significantly intensified enforcement in 2025. This is a reminder that sponsor licence compliance is an ongoing compliance commitment, failure of which could result in serious consequences.

With further regulatory reform and continued compliance action from the Home Office anticipated into 2026, sponsors must ensure their internal processes and record-keeping systems remain robust and compliant.

To view the full alert, visit the Faegre Drinker website.

Earned Settlement — Reshaping the UK’s Settlement System

At a Glance

To further highlight the extent to which the government is determined to control the pathways to settlement, subject to the consultation and a transitional arrangement, the new rules will apply to those who are already in the UK. This has been a major point of discussion amongst immigration law practitioners and other stakeholders.

The Home Office has opened consultation for the proposed changes until 12 February 2026. The Home Secretary confirmed the government’s intention for implementing these changes from April 2026.

Once the new settlement rules are in place, the government will focus on updating citizenship requirements under the British Nationality Act 1981, aligning them with the settlement reforms and rewarding those who have made greater contributions.

These measures aim to strike the balance of managing net migration and settlement in the UK while ensuring a competitive workforce by addressing both controls and strong rules for settlement, and supporting a strong economy by incentivising talented individuals through reduction of barriers to settlement.

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Schengen Visas: European Commission Tightens Rules on Multiple-Entry Visas for Russian Nationals

At a Glance

On 7 November 2025, the European Commission announced stricter rules for Russian nationals to obtain multiple-entry Schengen visas, citing increased “migratory and security risk” amidst Russia’s ongoing conflict with Ukraine.

As a result, unless they fall under one of the limited exceptions, Russian nationals will typically only receive single-entry visas, and therefore need to apply for a new visa each time they plan to travel to the Schengen area.

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DOT Issues Emergency Rule Limiting Commercial Driver’s Licenses for Foreign Nationals

At a Glance

Nondomiciled drivers applying for or renewing their CDL/CLP must provide an unexpired I-94 record indicating one of three specific employment-based nonimmigrant categories: H-2A, H-2B or E-2, and appear in person and provide an unexpired foreign passport at every issuance and renewal.

Foreign nationals holding other lawful status and valid employment authorization documents are now ineligible, including asylees, refugees, and Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) beneficiaries.

The IFR specifically singles out California, Colorado, Pennsylvania, South Dakota, Texas and Washington State for licensing failures, warning that any state found noncompliant could lose issuance authority and/or federal funding.

Employers with nondomiciled drivers should plan for disruptions in CDL renewals while states pause and update their systems to comply with the IFR.

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