Breaking Changes to US Visa Policies in October 2025
The United States rolled out major visa policy updates in October 2025 that affect thousands of applicants worldwide. On October 20, 2025, USCIS issued critical clarifications on the controversial $100,000 H-1B visa fee, while the State Department expanded interview waiver eligibility for agricultural workers. These changes come alongside Hungary's restoration to full Visa Waiver Program status, creating a complex landscape for visa applicants to navigate.
Understanding these policy shifts is crucial for foreign workers, employers, students, and travelers planning to visit or work in the United States. The changes represent both restrictions and opportunities, depending on your visa category and current immigration status.
Key Visa Policy Changes Implemented in October 2025
Here are the most significant updates affecting visa applicants right now:
- H-1B Fee Clarification (October 20): USCIS confirmed the $100,000 fee only applies to new H-1B applicants abroad, not renewals or extensions for workers already in the US
- Interview Waiver Expansion (October 1): H-2A agricultural visa renewals within 12 months now eligible for interview waiver, streamlining the process for seasonal workers
- Hungary VWP Restoration (September 30): Hungarian citizens regained full ESTA eligibility with 2-year validity and multiple entries, reversing previous restrictions
- H-2A Filing Streamlined (October 2): DHS implemented new procedures to simplify temporary agricultural worker petition filing and processing
- Payment Processing Updates: New Pay.gov system required for H-1B proclamation fee payments before petition submission
These changes reflect the ongoing evolution of US immigration policy, balancing security concerns with economic needs. Moreover, the updates demonstrate increased scrutiny on employment-based visas while maintaining pathways for essential workers and trusted travel partners.
Who Is Affected by These Visa Policy Changes
The October 2025 visa policy updates impact multiple groups of applicants differently. Understanding your category is essential for compliance and proper planning.
For H-1B Visa Applicants and Tech Workers
If you're currently working in the US on an H-1B visa, you're exempt from the $100,000 fee for extensions and amendments. However, new H-1B applicants living abroad who filed petitions on or after September 21, 2025, must pay the full $100,000 charge. Employers sponsoring new foreign workers need to budget for this significant cost increase when recruiting international talent.
For Agricultural Workers and H-2A Visa Holders
Agricultural workers renewing H-2A visas within 12 months of expiration can now skip the in-person interview if their previous visa was issued for full validity. This saves time and reduces travel costs for seasonal workers. Furthermore, employers benefit from faster processing and reduced hiring delays during critical agricultural seasons.
For Hungarian Citizens and European Travelers
Hungarian passport holders now enjoy full ESTA privileges again, including 2-year validity and unlimited entries for tourism or business stays up to 90 days. This restoration removes the single-entry limitation and 1-year validity restriction imposed in 2023. Hungarian travelers should ensure their passport photo meets current requirements before applying for ESTA online.
How to Navigate the New $100,000 H-1B Fee - Step by Step
If you're subject to the new fee, follow these steps to ensure compliance:
- Determine Fee Applicability: Check if your petition was filed on/after September 21, 2025, and whether you're outside the US or requesting consular processing
- Complete Payment on Pay.gov: Use the form titled "H-1B visa payment to remove restriction" and complete payment BEFORE submitting your petition to USCIS
- Obtain Payment Confirmation: Download and save your payment receipt with the unique confirmation number for your records
- Submit Proof with Petition: Include payment confirmation or exemption evidence with your H-1B petition - applications without proof will be automatically denied
- Request National Interest Waiver (if eligible): Document how your employment serves national interests and prove no qualified US workers are available for the position
Important Dates and Timeline for Visa Policy Changes
Mark these critical dates on your calendar to stay compliant:
- September 21, 2025: $100,000 H-1B fee requirement began for new overseas applicants
- September 30, 2025: Hungary's full Visa Waiver Program status restoration implemented with 2-year ESTA validity
- October 1, 2025: Interview waiver expansion for H-2A visa renewals became effective nationwide
- October 2, 2025: New H-2A agricultural worker petition filing procedures launched by DHS
- October 20, 2025: USCIS issued comprehensive guidance clarifying H-1B fee exemptions and payment procedures
- October 27, 2025: Expected court instructions regarding DACA work permits in Texas
Frequently Asked Questions About October 2025 Visa Changes
Do I Have to Pay $100,000 for My H-1B Extension or Amendment?
No, the $100,000 fee does NOT apply to H-1B extensions, amendments, or changes of employer filed within the United States. USCIS confirmed on October 20 that only new H-1B petitions for workers living abroad are subject to this fee. Additionally, beneficiaries of approved extension petitions won't face the fee when traveling internationally or applying for visa stamps at US embassies.
Can I Still Get an Interview Waiver for My Visa Renewal in 2025?
Interview waiver eligibility became significantly more restrictive in 2025, with most categories eliminated effective September 2. However, H-2A agricultural workers renewing within 12 months qualify as of October 1, 2025. Certain B-1/B-2 tourist visa applicants and diplomatic visa holders may also qualify. Consular officers retain discretion to require interviews on a case-by-case basis regardless of category.
How Long Is ESTA Valid for Hungarian Citizens Now?
Hungarian ESTA authorizations are now valid for 2 years with unlimited entries, restored from the previous 1-year single-entry restriction. This change took effect September 30, 2025, and applies to both new applications and renewals. Hungarian travelers can visit the US for tourism or business for up to 90 days per visit without obtaining a traditional visa.
What You Need to Know About These Visa Policy Updates
The October 2025 visa policy changes represent a mixed landscape of restrictions and streamlined processes. The $100,000 H-1B fee affects only new overseas applicants, providing relief for current visa holders seeking extensions. However, the broader trend toward more restrictive interview waiver policies continues, requiring most applicants to attend in-person consular interviews.
If you're planning to apply for a US visa, start early and ensure your passport photo meets requirements before submitting your application. Additionally, monitor USCIS and State Department websites for updated guidance, as immigration policies continue to evolve rapidly. For those requiring visa photos, verify that your images comply with specific document requirements to avoid application delays or rejections.