End-of-Year 2025 Immigration Updates for Employers

Q4 delivered several operational and cost-related changes that impact employment-based immigration. Here are the updates most relevant to companies hiring or retaining international talent:

Electronic Fee Payments Now Required for USCIS Filings

As of October 28, 2025, USCIS stopped accepting money orders and paper checks for most filings. You now have to pay all fees electronically, either by credit card using Form G-1450 or by ACH debit using the new Form G-1650.

HR, finance, and legal teams need to retire physical checks from their workflows, set up authorized cards or ACH access, and tighten internal controls around who can initiate payments. This impacts every employer-filed petition going forward, not just H-1B.

Automatic 540-Day EAD Extensions Ended for Most Renewal Filings

DHS issued an interim final rule ending the 540-day automatic extension of employment authorization for most people filing EAD renewals. For I-765 renewals filed on or after October 30, 2025, many categories (including adjustment-of-status applicants and most H-4, L-2, and E spouses) will no longer get an automatic extension while the renewal is pending.

STEM OPT students keep their 180-day automatic extension, and renewals filed before October 30 still benefit from the prior 540-day rule.

Work-authorization gaps become a real risk again. Employers need to track EAD expiry dates much more aggressively, push eligible employees to file renewals up to 180 days early, and consider moving long-term EAD-dependent staff (for example, H-4 spouses or adjustment applicants) into H-1B, L-1, or other dual-intent statuses where appropriate.

New $250 Visa Integrity Fee on Nonimmigrant Visas

H.R. 1, the One Big Beautiful Bill Act, created a new $250 Visa Integrity Fee on top of existing State Department visa application fees. The statute and agency guidance tie this fee to nonimmigrant visa issuance at U.S. consulates starting with the new fiscal year on October 1, 2025, and consular and media reports now treat it as in effect for most non-immigrant visa categories.

It applies per visa issuance (for example, B-1/B-2, F-1, J-1, H-1B, L-1, O-1) but does not apply to in-country changes of status where no new visa foil is issued.

Anytime an employee or candidate needs a consular stamping abroad, you should assume an extra $250 per visa issuance in addition to the current MRV fees. This hits high-travel populations hardest (consultants, client-facing staff, frequent renewals) and may shift strategy toward in-country changes of status and minimizing nonessential travel.

Updated H-1B $100,000 Fee Guidance and Active Lawsuits

Q3 brought the presidential proclamation adding a $100,000 initial fee to certain H-1B petitions filed on or after September 21, 2025. In Q4, the focus has shifted to guidance and litigation.

USCIS issued clarifying guidance on October 20, 2025, explaining that the $100,000 fee primarily hits beneficiaries who need new visa issuance or consular processing. Change-of-status, extension, and amendment petitions filed for workers already in the U.S. are generally not subject to the fee if those requests are approved.

The guidance confirms that employers must pay the fee before filing and include proof of payment, or risk denial (not rejection) of the petition. However, at least two federal lawsuits have been filed seeking to enjoin the rule.

Cap-subject H-1B planning for FY 2027, and any hires abroad who need H-1B visas, now require a separate budgeting track and risk analysis around this fee. In-country change-of-status strategies become even more valuable, and leadership will expect clear talking points on whether and when this six-figure fee is triggered.

Key Q3 2025 Immigration Developments for U.S. Employers

The third quarter introduced new requirements that directly impact hiring from abroad, dependent-family planning, and business travel logistics. Employers relying on global talent should review the following updates to stay aligned with evolving immigration standards.

New H-1B Initial Fee Introduced by Presidential Proclamation

In September, the administration issued a proclamation requiring a $100,000 initial fee for certain new H-1B workers, particularly those outside the United States or requiring consular processing. 

The policy took effect on September 21, 2025, and does not currently apply to most extensions or in-country amendments. Guidance continues to develop, and multiple lawsuits are pending, but employers should plan conservatively until further court action clarifies the rule.

As a result, many employers are pausing new overseas H-1B hiring where possible, creating budget scenarios that include the $100,000 fee, and considering alternate visa paths such as O-1, L-1, TN, or green-card-first strategies.

CSPA Policy Change Increases Aging Out Risk for Employment-Based Families

Effective August 15, USCIS narrowed its interpretation of the Child Status Protection Act, counting a visa as available only when the priority date is current under the Final Action Dates chart. 

This reduces protection for dependent children, especially in long-backlogged EB categories, and increases the likelihood that some children may turn 21 before their families can adjust status.

That’s why you need to identify any employees with teenage children, review where they are in the green card process, and plan ahead with them so their children don’t risk aging out before the family can finalize permanent residence.

Visa Bulletin Retrogression Reduces Adjustment Filing Opportunities

The August and September 2025 Visa Bulletins brought retrogression in EB-2 worldwide and limited forward movement in other categories. USCIS also required the use of the Final Action Dates chart for employment-based adjustment filings, reducing the number of employees eligible to file I-485 applications before the end of the fiscal year.

For employers, this means reassessing green-card timelines, communicating realistic expectations to managers, and exploring alternative categories like EB-1 or NIW for employees in slow-moving queues.

Stricter Visa Processing and Business Travel Requirements

Two Department of State actions in Q3 increased friction for short-term business travel. Most non-immigrant applicants now face in-person visa interviews after interview-waiver flexibility was reduced on September 2. 

In addition, the Visa Bond Pilot Program launched in August, requiring certain B-1/B-2 applicants from designated countries to post refundable bonds of $5,000, $10,000, or $15,000.

That’s why you should build extra lead time into international travel planning, prepare employees for longer consular wait times, and establish internal policies on whether the company will support required visa bonds.

Third Country Visa Stamping Becomes More Restricted

As of September 2025, many U.S. consulates have stopped allowing applicants to schedule non-immigrant visa appointments outside their home country or country of residence. This eliminates the long-running practice of obtaining H-1B, L-1, O-1, or F-1 visas in faster third-country posts like Mexico or Canada.

That’s why you should plan for longer appointment wait times, encourage employees to avoid international travel while petitions are pending, and prepare for the possibility that workers may be abroad longer than expected during visa renewal.

Q2 2025 Immigration Changes for Business Owners

The second quarter of 2025 didn’t bring headline-grabbing new visa categories, but it did quietly change how fast new hires can start, how work authorization is filed, and how USCIS must communicate before denying benefits. These are the updates your HR, talent, and legal teams should factor into mid-year planning.

Social Security Numbers Delayed After SSA Freezes “Enumeration Beyond Entry”

In early June, reporting confirmed that the Social Security Administration quietly paused the Enumeration Beyond Entry (EBE) program. This program was how many work-authorized immigrants automatically received Social Security numbers after filing for work authorization or naturalization. 

With the pause, individuals with approved EADs now often must visit a Social Security office in person and apply separately for an SSN. For employers, that means more candidates who are legally authorized to work but cannot clear onboarding, background checks, or payroll setup because an SSN hasn’t been issued yet.

What employers should do:

• Build extra lead time into start dates for new hires who need an SSN issued for the first time.

• Update onboarding checklists so HR proactively explains the in-person SSA step and required documents.

• Coordinate with counsel if delayed SSNs are preventing employees from passing background checks or I-9 processes, and document good-faith efforts.

New Edition of Form I-765 (Work Authorization) Required

USCIS confirmed that, effective May 29, 2025, it will accept only the January 20, 2025 edition of several key forms, including Form I-765 (Application for Employment Authorization), I-821 (TPS), I-821D (DACA), and I-90 (green card replacement). Older editions are no longer accepted for filings on or after that date.

Because I-765 is the core work-permit form used for H-4 and L-2 spouses, OPT/STEM students, TPS holders, and many other categories, using an outdated version can mean rejected applications and avoidable work gaps.

What employers should do:

• Confirm your immigration provider and any internal teams are using the 01/20/25 edition of I-765 and related forms for filings after May 29.

• For roles that rely heavily on EADs (e.g., F-1 STEM, H-4 EADs), build in buffer time in case any filings are rejected for form issues.

• Update internal checklists and templates so HR/People Ops aren’t pulling old PDFs from shared drives.

I-9 Audits and Employer Enforcement Increase in 2025

Throughout 2025, ICE significantly expanded I-9 audits and employer-focused enforcement, with higher penalties for paperwork errors, unauthorized-work findings, and failures to present compliant I-9s during inspections. Employers should expect more scrutiny, particularly in industries with large foreign-national workforces.

That’s why you should conduct internal I-9 audits, ensure authorized representatives are properly trained, maintain clean records for remote and hybrid workers, and coordinate with counsel if the company receives any inspection notice.

New USCIS Policy on Disclosing “Derogatory Information” Before Denials

On June 12, 2025, U.S. Citizenship and Immigration Services (USCIS) updated its policy to require officers to share most negative or “derogatory” information through a Request for Evidence (RFE), Notice of Intent to Deny (NOID), or Notice of Intent to Revoke (NOIR) before denying or revoking a case. This gives employers and applicants a clearer opportunity to correct inaccurate assumptions or provide missing evidence.

What you can do is treat RFEs and NOIDs as urgent, maintain consistent internal records on job duties and worksites, and escalate unclear or unexpected USCIS concerns early so issues can be resolved before a final decision is made.

Q1 2025 Immigration Updates for Employers

Q1 2025 brought several policy updates that directly affect how employers sponsor and manage global talent. Below are the changes HR teams, founders, and legal departments should have on their radar as they plan for the year.

H-1B Modernization Rule Took Effect

The first major shift of 2025 was the rollout of DHS’s H-1B Modernization Rule, which reshaped how USCIS evaluates job eligibility, employer control, and worker qualifications. For HR and legal teams, this rule impacts how you prepare H-1B petitions and how companies structure compliance going forward.

Key employer takeaways:

• A new Form I-129 is now mandatory for all H-1B filings with no grace period.

• The definition of “specialty occupation” was clarified, and USCIS is instructed to consider whether the actual coursework relates to the job.

• Deference is now codified and USCIS should generally follow prior approvals for extensions unless there was an error or a material change.

• The old itinerary requirement was removed, making filings easier for consultants and multi-location roles.

• Founder-H-1Bs became more viable; owners can now be petitioned, but often receive shorter validity periods (commonly 18 months).

• The rule formally grants USCIS site-visit authority, increasing the need for clean LCAs, public access files, and consistent job locations.

• Updated guidance expands how cap-exempt employers are defined, benefiting research-driven industries and nonprofits.

As an employer, you should update H-1B job description templates, audit LCA work locations, prepare for site-visit readiness, and confirm who has signatory authority, especially for startup founders.

Updated EB-2 National Interest Waiver Guidance

USCIS issued new Policy Manual instructions refining how officers apply the NIW framework. While the three-prong test remains the same, adjudicators now have clearer guidelines and examples, which raises the evidentiary standard for many applicants.

Key employer takeaways:

• USCIS reinforced that workers must first qualify for EB-2 (advanced degree or exceptional ability) before the NIW can even be considered.

• The updated guidance includes industry-specific evidence examples, especially for STEM, AI, biotech, clean energy, cybersecurity, and other nationally important fields.

• General claims of economic benefit are no longer sufficient and officers expect specific, verifiable U.S. impact tied to the applicant’s work.

• The “well-positioned” prong now places heavier emphasis on past achievements, not just future plans.

This means that you should evaluate whether key employees or founders may qualify for NIW instead of PERM, document U.S.-based impact early, and strengthen evidence packages with objective metrics, funding, publications, or product milestones.

FY 2026 H-1B Cap Registration Announced

USCIS confirmed the registration window and fee structure for the FY 2026 H-1B cap, marking the first season with significant pricing changes for employers.

Key employer takeaways:

• Registration window: March 7–24, 2025.

• Registration fee increased from $10 to $215 per beneficiary.

• The beneficiary-centric selection process continues, as each worker gets one lottery entry, regardless of the number of potential employers.

• Companies must submit registrations using updated organizational online accounts.

As an employer, you should prioritize which roles justify registration, finalize job details early, coordinate with candidates who may have multiple employers, and prepare finance teams for the higher per-candidate cost.

Expanded NTA (Removal Proceedings) Policy After Denials

USCIS revised its Notice to Appear (NTA) guidance, expanding when the agency will refer individuals to removal proceedings after a petition is denied. While many employment-based principals are protected, dependents and founders are not always covered.

Key employer takeaways:

• An NTA may be issued if a petition is denied after the worker’s underlying status has expired.

• The exception for many employment-based principal workers does not apply to:

  • H-4/L-2 dependents, if their I-539 is denied

  • Founder-beneficiaries who sign their own I-129

• USCIS is more likely to issue NTAs in cases involving status gaps, misrepresentation, or compliance concerns.

So, what should you do about it? File extensions early (preferably with premium processing), track dependent status expirations, review internal signatures for founder filings, and ensure job duties, worksites, and LCAs remain consistent from filing to adjudication.

Strengthen Your Immigration Strategy

Immigration rules changed fast in 2025 and we know it can feel like a lot to keep up with, especially when you’re also managing hiring, onboarding, and day-to-day operations. You shouldn’t have to track every policy update or wonder how a new fee or deadline might affect your team.

That’s why, at Taghavi Immigration Law, we follow these changes every single day so you don’t have to. We help employers understand what’s real, what’s urgent, and how to adjust your strategy in a way that protects your talent and keeps your plans on track.

If you’d like help reviewing your current cases or planning for 2026, we’re always happy to talk. Request a consultation and let’s make sure your team is set up for success.