Major Immigration Policy Changes Take Effect in October 2025
October 2025 marks a pivotal month for U.S. immigration policy with multiple significant changes taking effect simultaneously. On October 1, 2025, the State Department implemented new visa interview waiver policies that expand eligibility for certain H-2A agricultural workers while maintaining stricter requirements for most applicants. Just one day later on October 2, 2025, the Department of Homeland Security launched a streamlined filing process for temporary agricultural worker petitions.
These policy updates coincide with the federal government shutdown that began at 12:01 AM on October 1, 2025—the first shutdown in nearly seven years. While USCIS operations continue as the agency is fee-funded, critical systems like E-Verify and Department of Labor processing face significant disruptions affecting employers and visa applicants nationwide.
New Visa Interview Waiver Rules Effective October 1, 2025
The State Department announced major updates to nonimmigrant visa interview waiver eligibility on September 18, 2025, taking effect October 1. These changes represent a targeted expansion within an otherwise restrictive interview policy implemented throughout 2025.
- H-2A Agricultural Workers: Applicants renewing H-2A visas within 12 months of expiration now qualify for interview waivers if their prior visa was issued for full validity and they were at least 18 years old
- Consular Discretion: U.S. consular officers retain authority to require in-person interviews on a case-by-case basis for security or fraud concerns, regardless of waiver eligibility
- Age Requirements Remain: Most nonimmigrant visa applicants still must appear for in-person interviews, with limited exceptions for certain renewal categories and age groups
- Case-by-Case Review: Each application undergoes individual assessment, and consular officers may deny waivers based on local conditions or security considerations
This policy update supersedes the July 25, 2025 interview waiver guidance and provides modest relief for agricultural employers facing seasonal labor needs. However, the majority of nonimmigrant visa applicants continue to face mandatory in-person interview requirements implemented earlier this year.
Streamlined H-2A Agricultural Worker Petition Process Launches October 2
The Department of Homeland Security's final rule streamlining H-2A temporary agricultural worker petitions became effective October 2, 2025, introducing the new Form I-129H2A and concurrent processing capabilities.
For Agricultural Employers
Starting October 2, employers can file the new Form I-129H2A electronically for unnamed beneficiaries, allowing USCIS to begin processing while the Department of Labor reviews labor certification applications. This concurrent processing significantly reduces total wait times for temporary agricultural workers. Employers must file the streamlined form through their USCIS online account by uploading the completed PDF.
For H-2A Visa Applicants
Workers benefiting from the streamlined process may see faster approval times and earlier employment start dates. The new system particularly benefits returning seasonal workers whose employers file petitions for unnamed beneficiaries. Additionally, H-2A renewal applicants now qualify for visa interview waivers under the October 1 policy update, further expediting the process.
Current Limitations and Future Expansion
Currently, Form I-129H2A is only available for petitioners seeking unnamed beneficiaries filing without Form G-28 (Notice of Entry of Appearance). USCIS announced plans to expand availability in the coming weeks to include H-2A petitioners seeking named beneficiaries or filing with legal representation. Paper filers and petitions with named beneficiaries must continue using the traditional process, submitting to USCIS only after DOL approves the Temporary Labor Certification.
Hungary Regains Full ESTA Access Under Visa Waiver Program
Hungarian citizens received welcome news as the Department of Homeland Security fully restored Hungary's designation in the Visa Waiver Program, effective September 30, 2025.
- Two-Year ESTA Validity: Hungarian nationals once again receive Electronic System for Travel Authorization (ESTA) approvals valid for two years and multiple entries to the United States
- Single-Use Restriction Lifted: Previous limitations requiring new ESTA applications for each visit have been removed, returning to standard Visa Waiver Program benefits
- All Passport Holders Eligible: The 2021 restriction blocking ESTA applications from Hungarian passport holders born outside Hungary has been eliminated
- Security Requirements Met: DHS confirmed Hungary has sufficiently addressed the vulnerabilities that led to 2023 ESTA restrictions and meets all VWP security requirements
This restoration reverses the August 2023 determination that reduced ESTA validity from two years to one year and limited authorizations to single use only. Hungarian travelers can now apply for ESTA with the same benefits as other Visa Waiver Program countries, making business travel and tourism significantly more convenient.
Government Shutdown Impact on Immigration Services - Step by Step
The federal government shutdown beginning October 1, 2025 creates a mixed impact on immigration services. Here's what you need to know:
- Continue USCIS Applications Normally: File petitions, attend interviews, and complete biometrics appointments as scheduled—USCIS is fee-funded and continues operations with approximately 99% of staff working
- Do Not Use E-Verify During Shutdown: The E-Verify system is offline and unavailable to employers, but continue completing Form I-9 for all new hires within three business days as legally required
- Track E-Verify Cases for Later Entry: Maintain detailed records of all employees hired during the shutdown period and be prepared to enter their information into E-Verify within three business days once the system resumes
- Expect Department of Labor Delays: The Foreign Labor Application Gateway (FLAG) system is disabled, halting processing of Labor Condition Applications (LCAs), Prevailing Wage Determinations, and Permanent Labor Certifications (PERMs)
- Monitor for Processing Slowdowns: While USCIS operations continue, expect potential delays in interview scheduling, naturalization ceremonies, and contact center responses as the agency reprioritizes resources toward national security cases
October 2025 Visa Bulletin: New Fiscal Year Brings Priority Date Movement
The October 2025 Visa Bulletin marks the start of fiscal year 2026 with a reset of annual visa limits and notable forward movement across most employment-based categories.
- October 1, 2025: New fiscal year begins, resetting annual visa number limits for employment-based and family-sponsored categories
- Chart B (Dates for Filing): USCIS announced applicants should use Chart B this month for both employment-based and family-sponsored adjustment of status applications
- Indian EB-2 Movement: Employment Second Preference for India shows significant relief with priority date advancement, providing hope for thousands of applicants in the backlog
- Religious Worker (SR) Category: The EB-4 Special Immigrant Religious Worker category officially expired on September 30, 2025, with no SR visas issued or final actions taken after midnight September 29
- Diversity Visa Reduction: DV-2026 annual limit reduced to approximately 52,000 diversity visas due to NACARA provisions and National Defense Authorization Act amendments
- Family-Sponsored Categories: F2A (Spouses/Children of Permanent Residents) shows current date of February 1, 2024, while F4 (Brothers/Sisters of Adult U.S. Citizens) remains severely backlogged at January 8, 2008
Frequently Asked Questions
Can I Still Get My Visa Renewed Without an Interview in October 2025?
It depends on your visa category and circumstances. As of October 1, 2025, H-2A agricultural workers renewing within 12 months qualify for interview waivers if they meet specific criteria. However, most other nonimmigrant visa applicants must appear for in-person interviews regardless of age or previous visa history. Consular officers maintain discretion to require interviews even for waiver-eligible applicants based on security concerns or local conditions.
How Does the Government Shutdown Affect My Pending Immigration Application?
If you have a USCIS application pending (green card, naturalization, work permit), processing continues as normal since USCIS is fee-funded. However, expect potential delays in interview scheduling and customer service responses as the agency prioritizes national security cases. If you need Department of Labor processing (LCA, PERM), those systems are offline during the shutdown and you must wait until the government reopens. Maintain all documentation and check USCIS online accounts regularly for updates.
What Should Employers Do About E-Verify During the Shutdown?
Continue completing Form I-9 for all new hires within three business days of their employment start date, as this requirement remains in effect during the shutdown. Document each hire carefully and maintain organized records. Once E-Verify comes back online after the shutdown ends, you will have three business days to create cases in the system for all employees hired during the shutdown period. Do not delay hiring qualified candidates due to E-Verify being offline.
Is Hungary Part of the Visa Waiver Program Again?
Yes, as of September 30, 2025, Hungary has been fully restored to the Visa Waiver Program with all previous restrictions removed. Hungarian citizens can now apply for ESTA authorizations valid for two years and multiple entries, just like other VWP countries. This reverses the 2023 restrictions that limited Hungarian ESTA to one year and single use only.
When Will the New H-2A Streamlined Process Include Named Beneficiaries?
While the streamlined Form I-129H2A became available on October 2, 2025 for unnamed beneficiaries, USCIS announced it will expand availability "in the coming weeks" to include petitions with named beneficiaries and those filed with Form G-28 legal representation. Check the USCIS website regularly for updates, as no specific date has been announced yet. Until then, petitioners with named beneficiaries must continue using the traditional Form I-129 process and wait for DOL approval before filing with USCIS.
What October 2025 Immigration Changes Mean for Your Travel Plans
October 2025's immigration policy changes create both opportunities and challenges for international travelers, workers, and employers. The expanded H-2A interview waiver and streamlined petition process provide meaningful relief for agricultural employers facing seasonal labor shortages, while Hungary's restored ESTA eligibility simplifies travel for Hungarian business professionals and tourists. However, the government shutdown's impact on E-Verify and Department of Labor systems creates uncertainty for employers and skilled workers navigating the employment-based immigration process.
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