Major Immigration Policy Changes Take Effect October 2025
October 2025 brings sweeping immigration policy changes affecting over 1.1 million potential DACA applicants, agricultural employers, and international travelers. The U.S. Citizenship and Immigration Services (USCIS) announced that new DACA applications will reopen for the first time since 2021, while new H-2A agricultural worker processing rules took effect on October 2, 2025.
These changes come alongside significant fee increases for immigration applications that began on September 30, 2025. Travelers should note that ESTA fees increased to $40 and I-94 land border fees now total $30.
DACA Program Reopens to New Applicants After 4-Year Closure
The most significant change affects DACA (Deferred Action for Childhood Arrivals) eligibility. Federal immigration officials presented plans before a federal judge to accept new applications nationwide, marking the first time in four years that new applicants can apply.
- Eligible Applicants: Approximately 1.1 million people may qualify for DACA nationwide, in addition to the 533,000 currently enrolled
- Texas Exception: USCIS will accept applications from Texas residents but will not issue work permits due to 5th Circuit Court restrictions
- Processing Timeline: Renewal applications continue to be processed normally with work authorization, but initial applications await final judicial approval
- Application Requirements: Applicants must meet age, residency, and education criteria established under the original 2012 program guidelines
- Future Changes: The Department of Homeland Security retains authority to modify DACA policies in the future
Immigration attorneys estimate hundreds of thousands could become eligible once the federal judge formalizes the Justice Department's proposal. Current DACA recipients can continue renewing their status and work permits without interruption.
New H-2A Agricultural Worker Visa Rules Streamline Processing
Effective October 2, 2025, the Department of Homeland Security implemented a final rule streamlining the H-2A temporary agricultural worker petition process. This change aims to reduce waiting times for American farmers seeking seasonal agricultural labor.
For Agricultural Employers
Employers can now file petitions electronically using the new Form I-129H2A while the Department of Labor reviews their temporary labor certification (TLC) application. USCIS begins processing earlier, though no petitions receive approval until DOL completes its certification review to protect American workers.
For Foreign Agricultural Workers
H-2A workers benefit from faster processing times as USCIS and DOL now work concurrently rather than sequentially. However, workers must still meet all eligibility requirements and ensure their passport photos meet USCIS specifications before applying.
Important Filing Requirements
The new Form I-129H2A must be filed online only—USCIS will reject all paper submissions. Petitions with named beneficiaries continue using the traditional Form I-129 with standard processing procedures.
How to Apply for DACA Under the New October 2025 Rules
Once the federal judge issues the final order, eligible applicants should follow these steps:
- Verify Eligibility: Confirm you meet the age (arrived before age 16), residency (continuously since June 15, 2007), and education requirements (high school diploma or equivalent)
- Gather Documents: Collect proof of identity, continuous U.S. residence, education records, and prepare compliant passport photos that meet USCIS photo requirements
- Complete Form I-821D: Fill out the Consideration of Deferred Action for Childhood Arrivals application accurately and completely
- File Employment Authorization: Submit Form I-765 simultaneously to request work authorization (except Texas residents under current court restrictions)
- Pay Required Fees: Submit payment for both forms—check USCIS fee schedule for current amounts and available fee waivers
- Track Your Application: Monitor your case online through the USCIS case status tool and respond promptly to any requests for evidence
Immigration Fee Increases Effective September-October 2025
New immigration fees mandated by the One Big Beautiful Bill Act (H.R. 1) took effect on September 30, 2025, with additional fees starting October 1, 2025:
- ESTA Applications: Increased from $21 to $40 for travelers under the Visa Waiver Program (effective September 30, 2025)
- I-94 Land Border Fees: Now total $30 (added $24 to the existing $6 fee) for arrival/departure records at land borders
- EVUS for Chinese Nationals: New $30 fee imposed on Electronic Visa Update System applications for B-1/B-2 visa holders
- Visa Integrity Fee: New $250 fee for non-immigrant visa applications starting October 1, 2025
- Asylum Applications: Form I-589 now costs $100, plus an additional $100 annual fee while applications remain pending (effective July 22, 2025)
- Employment Authorization: Form I-765 increased to $550 for asylum seekers, parolees, and TPS beneficiaries
Important Dates and Timeline for October 2025 Changes
Mark these critical dates for immigration policy changes:
- September 30, 2025: ESTA, I-94, and EVUS fee increases took effect for all new applications
- October 1, 2025: Visa Integrity Fee of $250 begins for non-immigrant visa applications
- October 2, 2025: New H-2A streamlined filing process using Form I-129H2A became effective
- October 2025 (pending): Federal judge expected to issue final order authorizing new DACA applications nationwide
- November 2025 (estimated): USCIS anticipates beginning acceptance of initial DACA applications once judicial approval is finalized
Frequently Asked Questions
Can I Apply for DACA Right Now in October 2025?
Not yet for initial applications. While federal immigration officials have presented plans to reopen DACA to new applicants, the program awaits final judicial approval before USCIS can accept initial applications. Current DACA recipients can continue filing renewal applications. Monitor the official USCIS website for announcements about when new applications will be accepted.
Do Texas Residents Get DACA Work Permits Under the New Rules?
No. Due to restrictions from the 5th U.S. Circuit Court of Appeals, Texas residents can file DACA applications and receive deferred action status, but they will not receive work permits (Employment Authorization Documents). This limitation applies only to Texas residents—applicants in all other states will receive both DACA status and work authorization.
When Should Farmers File H-2A Petitions Under the New October 2 Rule?
Agricultural employers can now file Form I-129H2A electronically as soon as the Department of Labor issues a notice of acceptance for their temporary labor certification application. You don't need to wait for DOL's final approval before filing with USCIS, though USCIS won't approve your petition until DOL completes its review. This parallel processing significantly reduces overall waiting time for H-2A workers.
Why Did Immigration Fees Increase So Much in 2025?
Congress mandated these fee increases through the One Big Beautiful Bill Act (H.R. 1), signed into law on July 4, 2025. The legislation required USCIS and CBP to raise fees on various immigration benefits to fund enhanced border security measures and immigration processing operations. ESTA fees increased to $40, I-94 fees rose to $30, and new fees were added for asylum applications and other services.
What You Need to Know About October 2025 Immigration Changes
The October 2025 immigration policy changes represent the most significant shifts in years, particularly for potential DACA applicants who have waited four years for this opportunity. Agricultural employers gain streamlined H-2A processing, while travelers and visa applicants face higher fees across multiple categories.
If you're preparing any visa application or immigration petition, ensure your passport photo meets requirements before submitting—rejections due to photo non-compliance cause significant delays. Check our comprehensive visa photo specifications for over 952 document types across 172 countries to avoid costly mistakes and resubmissions during this period of policy changes.