Major Immigration Policy Changes Shake Visa System in October 2025
The United States immigration system is experiencing dramatic immigration policy changes in October 2025, with the most controversial being a new $100,000 H-1B visa fee that has triggered federal lawsuits. On October 16, 2025, the U.S. Chamber of Commerce filed legal action against the Trump administration, arguing the fee violates immigration law and would price out most American employers. These immigration policy changes come alongside critical updates to the November 2025 visa bulletin and growing backlogs in the EB-1A green card category.
Business leaders, immigration attorneys, and foreign workers are closely monitoring these developments as they reshape the landscape for employment-based immigration. The timing coincides with the start of fiscal year 2026, bringing both challenges and opportunities for visa applicants.
Key Immigration Policy Changes You Need to Know
Four major immigration policy changes are dominating headlines this month, each with significant implications for different groups of applicants:
- $100,000 H-1B Visa Fee: New fee applies only to initial petitions (not renewals), facing legal challenges from U.S. Chamber of Commerce and healthcare coalitions
- November 2025 Visa Bulletin: Employment-based categories show no movement from October, while family-sponsored F2A category retrogressed one month to October 2025
- EB-1A Processing Crisis: Approval rates dropped to 67% (lowest in three years), backlogs grew 67% this quarter despite 50% increase in filings
- Fiscal Year 2026 Impact: New allotment of 140,000 employment-based visas became available October 1, expanding adjustment of status eligibility pool
The combination of these immigration policy changes creates a complex environment where some categories see improvement while others face unprecedented challenges. Understanding which category affects you is crucial for planning your next steps.
Who Is Affected by These Immigration Policy Changes
These immigration policy changes impact multiple groups differently, from tech workers to family-sponsored applicants. Here's what each group needs to know:
For H-1B Visa Applicants and Employers
If you're planning to file a new H-1B petition, the $100,000 fee represents a massive cost increase that could make sponsorship prohibitive for many employers. However, the lawsuit filed by the U.S. Chamber of Commerce may block implementation—watch for court decisions in coming weeks. Existing H-1B holders and those filing renewals are not affected by this fee, meaning current visa holders can extend without the additional cost.
For EB-1A Extraordinary Ability Green Card Seekers
EB-1A applicants face a challenging environment with approval rates at a three-year low of 67% and significantly increased Requests for Evidence (RFEs). Despite strong filing numbers (up 50% from last year), processing times are lengthening due to 67% backlog growth. If you're preparing an EB-1A petition, ensure your documentation is exceptionally strong to avoid RFEs that add months to processing.
For Family-Based Green Card Applicants
The November 2025 visa bulletin brings mixed news: the F2A category (spouses and children of permanent residents) moved backward one month, while F2B advanced from January 2017 to March 2017. Other family categories like F1 and F4 remained unchanged. If your priority date is close to the cutoff, monitor monthly bulletins closely as dates can shift unpredictably.
How to Navigate These Immigration Policy Changes - Step by Step
Follow these actionable steps to protect your immigration plans amid these policy shifts:
- Check Your Priority Date: Visit the State Department's November 2025 visa bulletin and compare your priority date to the "Dates for Filing" chart for your category
- Monitor the H-1B Lawsuit: Follow U.S. Chamber of Commerce announcements and court filings in the U.S. District Court for the District of Columbia for updates on fee injunction
- Prepare Strong EB-1A Evidence: Given increased RFE rates, work with immigration counsel to compile comprehensive documentation of extraordinary ability before filing
- Consider Alternative Visa Categories: If the H-1B fee creates barriers, explore O-1 visas, L-1 transfers, or EB-2 NIW options with your attorney
- Ensure Passport Photos Meet Standards: As you prepare applications, verify your passport photo meets current requirements to avoid processing delays that compound waiting times
Important Dates and Timeline for Immigration Policy Changes
Mark these critical dates as immigration policy changes continue to unfold:
- October 16, 2025: U.S. Chamber of Commerce files lawsuit challenging $100,000 H-1B visa fee in federal court
- October 1, 2025: Fiscal year 2026 begins, bringing new allotment of 140,000 employment-based immigrant visas
- November 2025: Current visa bulletin shows no movement in employment-based categories, F2A retrogression by one month
- Ongoing through Q4 2025: Court proceedings on H-1B fee lawsuit expected to produce preliminary rulings or injunction decisions
Frequently Asked Questions About Immigration Policy Changes
Will the $100,000 H-1B Visa Fee Actually Go Into Effect?
The U.S. Chamber of Commerce lawsuit seeks an injunction to block the fee before it takes effect. The lawsuit argues the fee violates the Immigration and Nationality Act by overriding congressional provisions that base fees on government processing costs. While the Trump administration defends the fee as "lawful and necessary," legal experts suggest the courts may side with businesses given the statutory arguments, though a final decision could take months.
Why Are EB-1A Approval Rates Dropping in 2025?
The EB-1A category has seen approval rates fall to 67%—the lowest in three years—primarily due to increased scrutiny and higher RFE rates. USCIS officers are issuing more Requests for Evidence, questioning whether applicants truly meet the "extraordinary ability" standard. The 50% surge in filings has also strained processing capacity, creating backlogs that grew 67% this quarter alone.
How Does the November 2025 Visa Bulletin Affect My Green Card Application?
USCIS requires all applicants to use the "Dates for Filing" chart from the November 2025 visa bulletin for both family-sponsored and employment-based categories. If your priority date is earlier than the cutoff shown, you may file for adjustment of status. However, employment-based categories showed no movement from October, meaning those waiting in EB-2 and EB-3 categories face continued delays while visa processing catches up.
What You Need to Know About Current Immigration Policy Changes
These immigration policy changes represent some of the most significant shifts to the U.S. visa system in recent years, particularly the unprecedented $100,000 H-1B visa fee facing strong legal opposition. While the lawsuit outcome remains uncertain, businesses and applicants should prepare contingency plans. The stagnant November visa bulletin and declining EB-1A approval rates signal that patience and thorough preparation are more critical than ever.
Whether you're applying for an H-1B visa, waiting for a green card priority date, or pursuing an EB-1A petition, staying informed about these immigration policy changes is essential. As you prepare your visa application, ensure your passport photo meets requirements to avoid unnecessary delays—even small documentation errors can add weeks to already lengthy processing times in this challenging immigration environment.
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