Major Immigration Policy Changes Take Effect in October 2025
October 2025 marks a pivotal month for U.S. immigration policy with three major developments reshaping the landscape for agricultural workers, Dreamers, and visa applicants nationwide. The Department of Homeland Security implemented streamlined H-2A visa processing on October 2, while federal courts prepare to reopen DACA applications for the first time since 2021. Meanwhile, a government shutdown beginning October 1 has created selective disruptions to immigration services.
These sweeping immigration policy changes affect hundreds of thousands of foreign workers, DACA-eligible individuals, and employers who depend on temporary agricultural labor. Understanding these updates is critical for anyone navigating the U.S. immigration system in late 2025.
Key Immigration Policy Changes in October 2025
Here are the most significant policy updates affecting visa applicants and immigration services this month:
- H-2A Visa Streamlining (October 2): DHS launched concurrent processing allowing USCIS to review petitions while DOL certifies temporary labor applications, cutting processing time significantly
- DACA Reopening (Pending Court Approval): Federal government announced plans to accept new DACA applications for first time in 4 years, potentially benefiting 400,000+ eligible Dreamers
- Government Shutdown (October 1): First federal shutdown in 7 years disrupts E-Verify system and DOL labor certifications while USCIS operations continue normally
- Texas DACA Restrictions: Court proposal excludes Texas residents from DACA work permits due to ongoing litigation, though deportation protections still apply
- Fee Increases: I-94 land border entries now cost $30 (up from previous rates), while ESTA application fees increased to $40
- DOL System Shutdown: Foreign Labor Application Gateway (FLAG) disabled, halting H-1B Labor Condition Applications and PERM green card processing
These changes represent the most significant immigration policy shifts since early 2025. Agricultural employers, H-1B applicants, and undocumented youth face immediate impacts from these updates.
Who Is Affected by These Immigration Policy Changes
The October 2025 immigration policy updates impact multiple groups across the immigration spectrum. Here's how different communities are affected:
For Agricultural Employers and H-2A Workers
Agricultural employers can now file H-2A petitions electronically using the new Form I-129H2A immediately after DOL issues a notice of acceptance, before final labor certification approval. This concurrent processing significantly reduces waiting times for seasonal workers. However, only unnamed beneficiary petitions qualify initially, with named beneficiary processing expansion coming in subsequent weeks.
For DACA-Eligible Dreamers
Approximately 400,000 to 1.1 million undocumented youth who arrived as children may become eligible for DACA protections once a federal judge approves the government's proposal. Those outside Texas will receive both deportation deferrals and work permits, while Texas residents get only deportation protection due to state litigation restrictions. Initial applications submitted since 2021 will finally be processed.
For H-1B Applicants and Employers
The government shutdown suspended DOL's Labor Condition Application (LCA) processing through the FLAG system, creating immediate bottlenecks for H-1B petitions. Employers cannot submit new LCAs or Prevailing Wage Determinations during the shutdown. Those with pending PERM applications for employment-based green cards also face processing delays until government funding resumes.
For All Visa and Immigration Applicants
USCIS remains fully operational during the shutdown as it's fee-funded, meaning passport photo submissions, naturalization ceremonies, green card applications, and biometrics appointments continue on schedule. However, E-Verify is completely offline, preventing employers from verifying new employee work authorization. Make sure your passport photo meets current requirements before scheduling any USCIS appointments.
How to Navigate the New H-2A Visa Process - Step by Step
Agricultural employers can take advantage of streamlined H-2A processing by following these steps:
- Submit DOL Application: File your temporary labor certification (TLC) application with the Department of Labor as usual through the FLAG system
- Receive Notice of Acceptance: Wait for DOL to issue notice of acceptance (NOA) for your TLC application - do not wait for final approval
- Create USCIS Online Account: Set up a USCIS online account at uscis.gov if you don't already have one for electronic filing
- Complete Form I-129H2A: Fill out the new streamlined Form I-129H2A electronically (paper applications will be rejected for this form type)
- Upload and Submit: Upload the completed PDF form through your USCIS online account immediately after receiving the DOL notice of acceptance
- Monitor Both Processes: Track your TLC approval with DOL and petition processing with USCIS concurrently - USCIS won't approve until DOL finalizes certification
- Receive USCIS Approval: Once DOL approves the TLC, USCIS will complete adjudication and approve your H-2A petition, allowing workers to apply for visas
Important Dates and Immigration Policy Timeline
Keep these critical dates in mind when planning your visa applications or immigration filings:
- October 1, 2025: Federal government shutdown begins, E-Verify goes offline, DOL FLAG system disabled
- October 2, 2025: New H-2A streamlined processing rule takes effect with Form I-129H2A electronic filing available
- September 30, 2025: Religious Worker (SR) visa category expired - no new visas issued or adjustments approved after this date
- Late October 2025 (Expected): Federal judge ruling on DACA reopening proposal - could authorize new applications nationwide
- Coming Weeks: USCIS plans to expand Form I-129H2A availability to named beneficiary petitions and Form G-28 filings
- Ongoing Until Funding Resolved: Government shutdown continues affecting DOL labor certifications, E-Verify, and Conrad 30 physician program
Frequently Asked Questions About Immigration Policy Changes
Will USCIS Continue Processing My Green Card or Naturalization Application During the Shutdown?
Yes, USCIS is almost entirely fee-funded and continues normal operations during government shutdowns. Application interviews, naturalization ceremonies, biometrics appointments, and most immigration benefits processing proceed on schedule. Only about 1% of USCIS staff face furlough during shutdowns. However, ensure your passport photo and documentation meet all requirements before your scheduled appointments.
Can I Still File H-1B Labor Condition Applications During the October 2025 Shutdown?
No, the Department of Labor's Foreign Labor Application Gateway (FLAG) system is completely disabled during the government shutdown. You cannot submit new Labor Condition Applications (LCAs), Prevailing Wage Determinations, or PERM applications. H-1B processing requiring LCA approvals faces delays until Congress passes funding legislation and DOL systems come back online.
Who Qualifies for the DACA Reopening and When Can I Apply?
Undocumented individuals who arrived in the U.S. before age 16, have continuously resided here since June 15, 2007, and meet education or military service requirements may qualify. An estimated 400,000 to 1.1 million people could become eligible. However, you cannot apply yet - USCIS awaits federal court approval before processing new initial applications. Texas residents approved under the reopening will receive deportation protection but not work permits due to state litigation.
Do I Need My Employer's Approval Before Filing the New H-2A Streamlined Form?
Yes, employers (not workers) file H-2A petitions on behalf of temporary agricultural workers. The streamlined Form I-129H2A allows employers to file electronically with USCIS immediately after receiving DOL's notice of acceptance for the temporary labor certification. The new process doesn't change the employer-petitioner relationship, it simply allows concurrent processing to reduce overall waiting time before workers can begin employment.
What Happens to E-Verify Cases Started Before the Government Shutdown?
The E-Verify system is completely unavailable during the shutdown - employers cannot access accounts, create new cases, or resolve existing cases. According to DHS guidance, the three-day deadline for creating E-Verify cases is paused during shutdowns. Employers should create cases for employees hired during the shutdown within three business days after E-Verify becomes available again following appropriations passage.
What You Need to Know About October 2025 Immigration Changes
The immigration policy changes in October 2025 create both opportunities and challenges for applicants, employers, and immigration professionals. The H-2A streamlined processing delivers immediate benefits to agricultural employers facing labor shortages, while the potential DACA reopening offers hope to hundreds of thousands of Dreamers after four years of uncertainty.
However, the government shutdown creates real obstacles for H-1B and PERM applicants dependent on DOL processing. Stay informed about shutdown resolution timelines and ensure your visa application materials, including compliant passport photos that meet USCIS specifications, are prepared in advance. For country-specific document requirements and visa photo specifications for over 952 document types across 172 countries, check our comprehensive guides to ensure your application meets all official standards.