Major Immigration Policy Changes Take Effect in October 2025
The United States immigration system is undergoing significant transformation in October 2025, with multiple policy changes affecting employment-based visa holders, green card applicants, and foreign workers. A controversial $100,000 H-1B visa application fee went into effect on September 21, 2025, representing the most sweeping change to H-1B filings in over a decade. Additionally, the October 2025 Visa Bulletin brings priority date advancements for employment-based categories, and new rules eliminating automatic EAD extensions will take effect on October 30, 2025.
These immigration policy changes impact hundreds of thousands of foreign workers, employers, and families waiting for green cards. Understanding these updates is crucial for anyone navigating the U.S. immigration system, whether you're applying for a work visa, adjusting status, or preparing immigration documents including passport photos that meet USCIS requirements.
New $100,000 H-1B Visa Fee: What You Need to Know
The most controversial change is the new $100,000 application fee for H-1B visa petitions, implemented through presidential proclamation effective September 21, 2025 at 12:01 AM EDT. This fee applies to new H-1B petitions for foreign nationals outside the United States as of that date.
- Effective Date: September 21, 2025, 12:01 AM Eastern Daylight Time for new H-1B petitions
- Fee Amount: $100,000 payment required to accompany new H-1B visa petition filings
- Legal Challenge: U.S. Chamber of Commerce filed lawsuit seeking to prevent implementation
- Exemptions Clarified: USCIS confirmed on October 20, 2025 that straightforward H-1B renewals and extensions are NOT subject to the fee
- Additional Changes: Department of Labor directed to raise prevailing wage levels for H-1B positions
- Impact Scope: Only affects new petitions for individuals outside U.S. as of September 21, 2025
Current H-1B holders who were in the United States as of September 21, 2025, are exempt from this fee when filing extensions or renewals. However, employers seeking to hire new foreign workers from abroad now face this substantial financial barrier, which critics argue will price out most employers and limit access to skilled foreign talent.
October 2025 Visa Bulletin Brings Priority Date Movement
The U.S. Department of State released the October 2025 Visa Bulletin on September 18, 2025, marking the beginning of fiscal year 2026 with significant advancements in employment-based categories. USCIS has announced it will use the "Dates for Filing" chart for adjustment of status applications in October 2025.
Employment-Based Category Updates
The availability of 140,000 new employment-based immigrant visas for fiscal year 2026 has expanded the pool of applicants eligible for adjustment of status. EB-2 categories saw substantial movement, with all countries advancing by eight months to July 15, 2024, while China advanced by eleven months to December 1, 2021, and India advanced by ten months to December 1, 2013.
Family-Based Category Changes
Family-sponsored preference categories showed only modest movement in the October 2025 Visa Bulletin. The November 2025 bulletin indicated continued limited advancement, with the F-2A category actually retrogressing by one month to October 2025, affecting spouses and minor children of lawful permanent residents.
Priority Date Advancement Details
For EB-1 India, the Dates for Filing advanced significantly by one year, providing relief to thousands of applicants in the extraordinary ability and multinational executive categories. Meanwhile, EB-3 categories for all countries retrogressed by two months to July 1, 2023, except for China which advanced by over one year to January 1, 2022, and India which advanced by fourteen months to August 15, 2014.
Who Is Affected by These Immigration Policy Changes
These policy changes impact distinct groups of foreign nationals, employers, and families. Understanding how each change affects your specific situation is critical for planning your immigration journey.
For H-1B Visa Applicants and Employers
Employers seeking to hire new foreign workers from abroad face the $100,000 fee for H-1B petitions filed after September 21, 2025. However, current H-1B holders in the U.S. can file extensions and renewals without this fee. Technology companies, healthcare facilities, and educational institutions that rely on skilled foreign workers are most significantly impacted by this policy change.
For Employment-Based Green Card Applicants
Individuals waiting for employment-based green cards, particularly in EB-2 and EB-3 categories, may now file adjustment of status applications based on the more favorable "Dates for Filing" chart in October 2025. This is especially beneficial for applicants from India and China who have experienced years of backlogs, and who should ensure their visa application photos meet current USCIS specifications before filing.
For EAD Holders and Renewal Applicants
Foreign nationals with expiring Employment Authorization Documents face new challenges starting October 30, 2025, when automatic EAD extensions will be eliminated. Anyone whose EAD expires after this date must receive their renewed card before the expiration date to maintain continuous work authorization, making timely filing with compliant passport photos and documentation essential.
How to Navigate These Immigration Policy Changes - Step by Step
Taking the right steps now can help you avoid complications and maintain your immigration status through these policy transitions.
- Check Your Current Status: Determine if you're affected by the H-1B fee (new petitions only), visa bulletin changes (check your priority date), or EAD rule changes (expiration date after October 30, 2025)
- Review Priority Dates: If you have a pending employment-based or family-based petition, compare your priority date to the October 2025 Visa Bulletin "Dates for Filing" chart to see if you can file for adjustment of status
- File EAD Renewals Early: Submit EAD renewal applications at least 180 days before expiration, well before the October 30, 2025 deadline when automatic extensions end
- Prepare Required Documents: Gather all necessary documentation including compliant passport photos, I-94 records, previous approval notices, and supporting evidence before filing any applications
- Consult Immigration Counsel: Given the complexity of these changes and ongoing legal challenges, consult with a qualified immigration attorney to understand how these policies affect your specific situation and options
Important Dates and Timeline for Immigration Policy Changes
Mark these critical dates on your calendar to ensure compliance with new immigration policies and avoid status complications.
- September 21, 2025, 12:01 AM EDT: $100,000 H-1B visa fee takes effect for new petitions for individuals outside the U.S.
- October 1, 2025: Fiscal Year 2026 begins, bringing new allotment of 140,000 employment-based immigrant visas
- October 20, 2025: USCIS clarifies that H-1B renewals and extensions are exempt from $100,000 fee
- October 30, 2025: Interim final rule eliminating automatic EAD extensions takes effect immediately upon publication
- November 2025: Visa Bulletin shows limited movement in family-based categories with F-2A retrogression
- September 30, 2025: Extension of Employment Fourth Preference Certain Religious Workers (SR) category expires
Frequently Asked Questions About Immigration Policy Changes
Do Current H-1B Holders Have to Pay the $100,000 Fee?
No. USCIS clarified on October 20, 2025, that current H-1B holders who were in the United States as of September 21, 2025, do not need to pay the $100,000 fee when filing for extensions or renewals. The fee only applies to new H-1B petitions for foreign nationals who were outside the U.S. as of that date.
Can I Still Get Automatic EAD Extensions After October 30, 2025?
No. The interim final rule published on October 30, 2025, eliminates the practice of automatically extending Employment Authorization Documents for foreign nationals who file timely renewal applications. You must receive your renewed EAD card before your current card expires to maintain continuous work authorization. File renewal applications at least 180 days in advance.
How Do I Know If I Can File for Green Card Adjustment of Status?
Check the October 2025 Visa Bulletin "Dates for Filing" chart for your preference category and country of chargeability. If your priority date is earlier than the date listed, and USCIS is using the Dates for Filing chart (as confirmed for October 2025), you may be eligible to file Form I-485 for adjustment of status. Always verify the current month's bulletin and USCIS guidance before filing.
What These Immigration Changes Mean for Your Application
These October 2025 immigration policy changes represent the most significant shifts in U.S. immigration policy in years, with far-reaching implications for foreign workers, employers, and families. The $100,000 H-1B fee faces legal challenges and may be modified or struck down, while the elimination of automatic EAD extensions requires more careful planning for work authorization renewals. Meanwhile, the October 2025 Visa Bulletin offers new opportunities for employment-based green card applicants to advance their cases.
Whether you're affected by H-1B fee changes, eligible to file under new visa bulletin dates, or need to renew your EAD before October 30, proper preparation is essential. Make sure your passport photo meets requirements for USCIS applications, gather all supporting documentation early, and consider consulting with an immigration attorney to navigate these complex policy changes. Stay informed about ongoing developments, as legal challenges and additional guidance may further clarify these policies in the coming months.
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