Major Immigration Policy Changes Take Effect November 2025
Significant immigration policy changes implemented in November 2025 are affecting thousands of visa holders and employers across the United States. The Department of Homeland Security and USCIS have introduced sweeping changes including a controversial $100,000 H-1B visa fee, elimination of 540-day automatic EAD extensions, and adjustments to EB-5 investor program fees.
These changes come amid ongoing legal challenges and widespread concerns from employers, immigration advocates, and affected workers. Understanding these new policies is critical for anyone with pending visa applications or existing work authorization.
Key Immigration Policy Changes Effective November 2025
Here are the most significant policy changes that went into effect or were announced in November 2025:
- H-1B Visa Fee Increase: New $100,000 fee required for H-1B petitions filed since September 21, 2025, with multiple lawsuits challenging its legality
- EAD Extension Elimination: 540-day automatic extension ended October 30, 2025, for renewal applications filed on or after that date
- EB-5 Fee Adjustments: USCIS reverted to pre-March 2024 fees on November 18, 2025, following federal court order in Moody v. Noem
- TPS Terminations: Temporary Protected Status ended October 3, 2025, for Afghanistan, Cameroon, and Haiti nationals
- Biometric Collection Expansion: New biometric data collection (photos and fingerprints) starts December 26, 2025, for all noncitizens
- Public Benefits Restrictions: Many lawful immigrants losing access to Medicaid, Medicare, SNAP, and other federal benefits with rolling effective dates
The U.S. Chamber of Commerce and multiple labor organizations have filed federal lawsuits challenging several of these changes. The Chamber argues that the $100,000 H-1B fee exceeds executive authority under the Immigration and Nationality Act.
Who Is Affected By These Immigration Changes
These policy changes impact millions of immigrants, employers, and pending applicants. Here's how different groups are affected:
For H-1B Visa Holders and Employers
Employers filing new H-1B petitions must pay an additional $100,000 per petition starting September 21, 2025. This dramatic fee increase affects technology companies, healthcare organizations, universities, and any employer sponsoring foreign workers. However, exemptions exist for nonprofit research organizations, government entities, and certain educational institutions.
For EAD Holders and Renewal Applicants
Anyone filing EAD renewal applications on or after October 30, 2025, no longer receives the 540-day automatic extension. This means your work authorization may lapse if USCIS doesn't process your renewal before your current EAD expires. Workers with pending renewals filed before October 30 still benefit from the extension until their cases are decided.
For EB-5 Investors and Families
EB-5 investors benefit from a federal court ruling that rolled back 2024 fee increases. Effective November 18, 2025, USCIS accepts the lower fees that were in effect until March 31, 2024, making the program more accessible for foreign investors.
How to Navigate These Immigration Policy Changes - Step by Step
Follow these steps to protect your immigration status under the new policies:
- Review Your Current Status: Check your visa category, EAD expiration date, and pending applications to determine how these changes affect you specifically
- File Renewals Immediately: If your EAD expires within 180 days, file your renewal application as soon as possible to avoid work authorization gaps
- Consult Immigration Attorney: Speak with a qualified immigration lawyer about your options, especially if you're affected by the H-1B fee or EAD extension elimination
- Monitor Legal Challenges: Track the ongoing lawsuits challenging the H-1B fee, as successful challenges could result in refunds or policy reversals
- Prepare Required Documents: Ensure your passport photos meet requirements and gather all necessary documentation for visa applications before filing
- Consider Alternative Visa Categories: Explore whether you qualify for visa categories exempt from the new H-1B fees, such as O-1 or L-1 visas
Important Dates and Timeline for Immigration Changes
Mark these critical dates on your calendar to stay compliant with the new policies:
- September 21, 2025: $100,000 H-1B visa fee becomes effective for all new petitions filed on or after this date
- October 3, 2025: TPS terminated for Afghanistan, Cameroon, and Haiti; first lawsuit filed challenging H-1B fee
- October 30, 2025: Last day to file EAD renewal and receive 540-day automatic extension; applications filed after receive no extension
- November 18, 2025: EB-5 fee reductions take effect following federal court order
- November 28, 2025: Deadline for government to oppose U.S. Chamber of Commerce motion to halt H-1B fee enforcement
- November 29, 2025: Final day to submit public comments on EAD extension elimination (docket USCIS-2025-0271)
- December 26, 2025: New biometric data collection requirements begin for all noncitizens at USCIS appointments
- March 2026: Expected timeline for initial court rulings on H-1B fee lawsuits before annual H-1B lottery
Frequently Asked Questions About November 2025 Immigration Changes
Will the $100,000 H-1B Fee Be Refunded If Lawsuits Succeed?
If courts rule the $100,000 H-1B fee is unlawful, employers who already paid may be entitled to refunds. The U.S. Chamber of Commerce and labor union coalition lawsuits argue the fee exceeds executive authority and violates the Administrative Procedure Act. Courts are expected to issue preliminary rulings before the March 2026 H-1B lottery.
What Happens If My EAD Expires While Waiting For Renewal?
If you filed your EAD renewal on or after October 30, 2025, you will not receive the automatic 540-day extension. Your work authorization will end on your EAD expiration date unless USCIS approves your renewal first. You cannot legally work without valid authorization, which could jeopardize your immigration status. File renewals at least 180 days before expiration to minimize gaps.
Are There Exemptions From The New H-1B Fee?
Yes, several categories are exempt from the $100,000 H-1B fee. Nonprofit research organizations, government research entities, and certain educational institutions do not pay this fee. Additionally, H-1B extensions, amendments, and transfers for existing employees may qualify for exemptions. Consult with an immigration attorney to determine if your petition qualifies for an exemption.
How Does The EB-5 Fee Reduction Work?
Following the November 12, 2025, federal court ruling in Moody v. Noem, USCIS immediately reverted to the lower EB-5 fees that were in effect until March 31, 2024. This makes the EB-5 investor visa program more affordable and accessible. The fee reduction applies to all EB-5 petitions filed on or after November 18, 2025.
What You Need to Know About These Immigration Changes
The November 2025 immigration policy changes represent some of the most significant reforms in recent years, affecting work authorization, visa fees, and public benefits access. The $100,000 H-1B fee faces multiple legal challenges with decisions expected before the 2026 lottery, while the elimination of 540-day EAD extensions creates urgent filing deadlines for thousands of workers.
If you're affected by these changes, take action immediately to protect your immigration status. File EAD renewals well in advance of expiration, ensure your passport photo meets requirements for visa applications, and consult with a qualified immigration attorney about your specific situation. Stay informed about ongoing legal challenges and policy updates by monitoring official USCIS announcements and court proceedings.
--- **Sources:** - [Holland & Knight: Immigration Recent Changes and New Regulations](https://www.hklaw.com/en/insights/publications/2025/11/immigration-recent-changes-and-new-regulations) - [American Bazaar: Federal Judge Strikes Down USCIS EB-5 Fee Hike](https://americanbazaaronline.com/2025/11/23/uscis-eb-5-fee-hike-struck-down-hope-for-h-1b-lawsuits-470454/) - [Clark Hill: Elimination of 540-Day Automatic Extension for EAD Renewals](https://www.clarkhill.com/news-events/news/elimination-of-the-540-day-automatic-extension-for-ead-renewals-filed-on-after-october-30-2025/) - [Federal Register: Removal of Automatic Extension of Employment Authorization Documents](https://www.federalregister.gov/documents/2025/10/30/2025-19702/removal-of-the-automatic-extension-of-employment-authorization-documents) - [Cyrus Mehta & Partners: Immigration Update November 24, 2025](https://cyrusmehta.com/blog/2025/11/24/immigration-update-november-24-2025/)