Major Immigration Policy Changes Take Effect in October 2025
The United States immigration system is undergoing significant changes in October 2025, with new policies affecting hundreds of thousands of immigrants and visa applicants. The federal government announced plans to reopen DACA applications for the first time since 2021, while the H-1B visa program faces a controversial $100,000 fee requirement. Additionally, the October 2025 Visa Bulletin shows substantial movement in employment-based green card priority dates.
These immigration policy changes represent some of the most consequential updates to the U.S. immigration system in recent years. From work permits to green card applications, understanding these new rules is critical for anyone navigating the immigration process.
Key Immigration Policy Changes in October 2025
The following updates are now in effect or pending final implementation, affecting multiple visa categories and immigration programs:
- DACA Program Reopening: Federal government plans to accept new DACA applications for first-time applicants after four-year closure, potentially affecting 1.1 million eligible individuals
- H-1B Visa Fee Increase: New $100,000 fee requirement implemented on September 21, 2025, with limited exemptions for current visa holders and pending petitions
- Employment-Based Green Cards: October 2025 Visa Bulletin shows major advancement in EB-1, EB-2, and EB-3 categories, with India's EB-5 category moving forward over two years
- Student Visa Restrictions: Proposed rule would limit length of stay for foreign students and require regular extension applications with USCIS
- Border Fees Increased: I-94 fees at land borders now cost $30, while ESTA fees have risen to $40 for electronic travel authorization
- Naturalization Test Update: USCIS implements new 2025 civics test for citizenship applicants, affecting the naturalization process
These changes reflect a broader shift in immigration enforcement priorities and program administration. The New York City Bar Association released an updated report on October 10, 2025, tracking these developments and their legal implications for immigrants and employers.
Who Is Affected by These Immigration Changes
The October 2025 immigration policy updates impact diverse groups across the immigration spectrum. Understanding how these changes affect your specific situation is essential for planning your next steps.
For DACA-Eligible Dreamers
Approximately 1.1 million individuals may be eligible to apply for DACA for the first time once final court approval is granted. However, applicants residing in Texas will only receive deportation deferrals, not work permits, due to ongoing litigation. All other states will process both deportation protections and employment authorization for approved applicants.
For H-1B Visa Workers and Employers
The $100,000 H-1B fee requirement affects new petitions filed after September 21, 2025, including the 2026 lottery applications. Current H-1B holders physically present in the U.S., those with approved petitions before September 21, and applications for extensions or employer changes may be exempt. A federal lawsuit filed October 3, 2025, challenges this requirement, creating uncertainty for thousands of skilled workers and hiring companies.
For Employment-Based Green Card Applicants
Significant priority date movement in the October 2025 Visa Bulletin benefits applicants from China and India. EB-1 category advanced 6 months for China and over a year for India, while EB-2 moved ahead nearly a year for all countries. The EB-4 category reopened with a February 15, 2021 priority date after becoming unavailable in previous months.
How to Prepare for Immigration Policy Changes - Step by Step
Taking proactive steps now can help you navigate these immigration policy changes successfully and avoid processing delays:
- Check Your Eligibility Status: Review DACA eligibility requirements if you entered the U.S. as a child, or verify your priority date against the October 2025 Visa Bulletin for green card applications
- Gather Required Documentation: Collect passport photos that meet current requirements, gather employment verification letters, and compile evidence of continuous residence for DACA applications
- Consult Immigration Attorney: Seek professional legal advice before filing, especially for H-1B petitions affected by the $100,000 fee or DACA applications in contested states like Texas
- Monitor Court Decisions: Track federal court rulings on DACA reopening and H-1B fee challenges, as legal outcomes may change application procedures and timelines
- Submit Applications Promptly: File as soon as you're eligible, particularly for DACA applicants who have waited four years, and ensure your passport photo meets official specifications to avoid rejections
Important Dates and Timeline for Immigration Changes
Mark these critical dates on your calendar to stay ahead of immigration policy deadlines and implementation schedules:
- September 21, 2025: H-1B $100,000 fee requirement took effect at 12:01 AM EDT for new petitions
- September 29, 2025: Department of Justice announced DACA reopening plans in federal court filing
- October 3, 2025: Federal lawsuit filed challenging H-1B fee requirement in Northern District of California
- October 10, 2025: NYC Bar Association released updated comprehensive report on 2025 immigration law changes
- October 2025: New Visa Bulletin published with significant EB category advancement, effective for current month filings
- Pending Court Approval: DACA application acceptance awaits final order from U.S. District Judge Andrew S. Hanen
- Through September 2026: H-1B fee requirement remains in effect for 12-month period unless overturned by litigation
Frequently Asked Questions About Immigration Policy Changes
When Will USCIS Start Accepting New DACA Applications?
USCIS is preparing to accept new DACA applications once U.S. District Judge Andrew S. Hanen issues a formal order approving the Department of Justice's proposal filed in September 2025. The exact start date has not been announced, but immigration attorneys expect implementation within weeks of court approval. Applicants should prepare documentation now to submit promptly when the program reopens.
Who Qualifies for H-1B Fee Exemptions?
The $100,000 H-1B fee does not apply to individuals physically present in the U.S. as of September 21, 2025, petitions approved before that date, or applications for change of status, extensions, or employer changes for workers already in the country. However, new H-1B petitions for workers outside the U.S., including 2026 lottery applications, require the full fee payment unless exempted by future court rulings.
How Much Did Green Card Priority Dates Move in October 2025?
The October 2025 Visa Bulletin shows substantial movement across employment-based categories. China's EB-1 advanced 6 months while India's moved over one year. EB-2 progressed nearly a year for all countries, and EB-3 categories saw even larger jumps for China and India. Most significantly, India's EB-5 category advanced more than two years, providing relief to thousands of investors waiting for visa numbers.
What You Need to Know About October 2025 Immigration Changes
These immigration policy changes represent a pivotal moment for hundreds of thousands of immigrants navigating the U.S. system. The DACA reopening offers hope to Dreamers who have waited four years for protection, while the H-1B fee creates uncertainty for skilled workers and employers. Meanwhile, significant green card priority date movement provides opportunities for employment-based applicants who have been waiting years.
If you're affected by these changes, take action now by consulting with an immigration attorney and preparing your documentation. Moreover, ensure your passport photo meets requirements for your visa application or work permit renewal to avoid processing delays. Furthermore, stay informed about court decisions that may modify these policies in coming weeks, particularly regarding DACA implementation timelines and H-1B fee challenges.