As 2025 draws to a close, we want to express our sincere gratitude for the continued trust our clients and partners place in us. Your confidence empowers us to deliver exceptional guidance and results, a commitment we’ve upheld for more than 23 years and will continue to honor in the years ahead.
This year brought unprecedented changes to U.S. immigration policy. Here’s your comprehensive guide to what happened, who was affected, and how to navigate a way forward.
JANUARY 2025
H-1B Modernization Rule Takes Effect (January 17)
The Change:
Major overhaul of H-1B regulations including extended cap-gap protection, codified deference policy, expansion of H-1B’s for start-up & entrepreneurs and expanded cap-exempt employer definitions.
Key Impacts:
- Cap-gap extension now runs until April 1 (previously October 1), providing F-1/OPT students 6 additional months of work authorization
- H-1B extensions now benefit from deference to prior approvals unless material changes occur
- Entrepreneurs can now sponsor themselves as long as they perform in a specialty occupation at least 50% of the time proper ownership structure
- More non-profit and research organizations can now qualify for H-1B cap-exemption
- USCIS authorized to conduct site visits at worksites, including remote locations
How To Navigate:
- F-1 students: Ensure timely H-1B cap registration and maintain valid status throughout extended cap-gap period
- Employers: Prepare for potential USCIS site visits and maintain accurate worksite documentation
- Extension filers: Leverage deference policy by demonstrating consistency with prior approvals
FEBRUARY-MARCH 2025
TPS Terminations Begin (February 5)
The Change:
Secretary of Homeland Security terminated Temporary Protected Status for Venezuela (2023 designation), later extended to multiple countries.
Key Impacts:
- TPS terminated or will be terminated for Venezuela, Haiti, Nepal, Honduras, Nicaragua, Syria, Afghanistan, Cameroon, South Sudan, Ethiopia, and Burma throughout 2025 and into 2026
- Work authorization terminated for hundreds of thousands of TPS beneficiaries
- Exception: Those who received EADs by February 5, 2025 with October 2, 2026 expiration maintained authorization pending litigation
How To Navigate:
- Explore alternative immigration pathways (asylum, adjustment of status, other visa categories)
- Consult with immigration attorney immediately to evaluate eligibility for other relief
- Monitor ongoing litigation as court decisions continue to evolve
H-1B Cap FY2026 Registration Opens (March 7-24)
The Change:
Registration fee increased from $10 to $215 per beneficiary. Beneficiary-centric selection process continued.
Key Impacts:
- 336,153 unique beneficiaries registered for FY2026 H-1B
- 118,660 selected (approximately 35.3% selection rate)
- Significant cost increase for employers with multiple candidates
How To Navigate:
- Budget for increased registration costs early
- Ensure accuracy in registration to maximize selection chances
- Prepare complete petition packages in advance for selected candidates
SEPTEMBER 2025
$100,000 H-1B Filing Fee Introduced (September 21)
The Change:
Presidential Proclamation requiring $100,000 supplemental fee for NEW H-1B petitions filed after Sept. 21, 2025.
Key Impacts:
- Dramatic increase in H-1B sponsorship costs for initial petitions requiring consular processing
- USCIS later clarified that the fee would only apply to petitions file with a request for “consular processing”, i.e., where the beneficiary is outside the U.S. without valid H-1B visa
- Does NOT apply to H-1B extensions, amendments, or changes of employer for those already in the U.S.
How To Navigate:
- Consider change of status over consular processing when candidate is already in the U.S.
- Budget significantly higher costs for international recruitment
- Evaluate alternative visa categories (O-1, L-1, E-3 for Australians, H-1B1 for Chileans and Singaporeans, etc.)
Wage-Based H-1B Lottery Proposed (September)
The Change:
Proposed regulation to weight H-1B lottery entries by prevailing wage levels, giving higher-wage positions better selection odds.
Key Impacts:
- If finalized, Level IV wage positions would be entered 4 times vs. once for Level I positions
- Could fundamentally alter H-1B selection beginning with FY2027 cap season (March 2026 registration)
- Favors higher-paid positions and certain geographic markets
- Entry-level positions and lower-wage geographic areas will be disadvantaged
How To Navigate:
- Currently in proposed stage; monitor for final rule publication
- Evaluate wage level determinations carefully for 2026 cap season
- Consider wage adjustments where feasible to improve selection odds if rule is finalized
- Plan alternative strategies for positions at lower wage levels
AUGUST 2025
Duration of Status Elimination Proposed (August 28)
The Change:
Proposed rule to eliminate “Duration of Status” for F-1, J-1, and I visa holders, replacing with fixed 4-year admission periods.
Key Impacts If Finalized:
- F-1/J-1 admitted for program end date or 4 years maximum, whichever is shorter
- Extensions would require Form I-539 filing with USCIS
- Grace period reduced from 60 to 30 days for F-1 students
- Undergraduate F-1 students cannot change majors in first academic year
- Graduate F-1 students cannot change programs at any point
- Immediate unlawful presence accrual if extension denied or stay expires
How To Navigate:
- Currently PROPOSED only, not yet in effect
- Public comment period closed September 29, 2025
- Monitor for final rule publication and effective date
- Plan for potential USCIS filing requirements and associated costs
- Maintain impeccable status compliance to avoid complications
- Consider completing programs within 4-year windows where possible
OCTOBER 2025
Automatic EAD Extensions Eliminated (October 30)
The Change:
Interim final rule ending automatic 540-day EAD extensions for renewal applications filed on or after October 30, 2025 for most applicants
Key Impacts:
- EAD renewals filed ON OR AFTER October 30, 2025 no longer receive automatic extensions
- Potential work authorization gaps if USCIS processing exceeds EAD validity
- Applications filed BEFORE October 30, 2025 still maintain their 540-day automatic extension
- Does not impact OPT extensions or certain TPS EAD renewals
How To Navigate:
- File EAD renewals 180 days before expiration (maximum allowed)
- Monitor processing times closely at uscis.gov
- Consider premium processing if available for your category
- Maintain proof of timely filing
- Communicate proactively with employers about processing timelines
DECEMBER 2025
EAD Validity Periods Reduced (December 5)
The Change:
Maximum EAD validity reduced from 5 years to 18 months for certain categories.
Key Impacts:
- More frequent renewal requirements (every 18 months vs. every 5 years)
- Increased filing fees and administrative burden
- More frequent biometrics appointments
- Enhanced vetting with each renewal
How To Navigate:
- Budget for more frequent renewal costs
- Set calendar reminders 180 days before expiration
- Maintain employment continuity through proactive renewal filing
- Keep employment records and documentation current
- Consider adjustment of status or other permanent solutions where eligible
“Trump Gold Card” Program Launched (December 10)
The Change:
New expedited pathway to permanent residency through significant investment.
Who’s Affected:
- High-net-worth individuals
- Corporations making substantial U.S. investments
- EB-1 and EB-2 visa seekers
Key Impacts:
- $1 million investment for individuals
- $2 million for corporate sponsorships
- Provides EB-1 or EB-2 visa status
- Expedited processing for qualifying applicants
How To Navigate:
- Consult with immigration counsel to evaluate eligibility
- Prepare comprehensive investment documentation
- Understand source of funds requirements
- Compare with EB-5 immigrant investor program
- Evaluate business plan and investment structure requirements
WHAT TO EXPECT IN 2026
As we look ahead, we anticipate:
Continued Regulatory Changes
- Potential finalization of Duration of Status elimination for F-1/J-1
- Possible implementation of wage-weighted H-1B lottery
- Additional TPS terminations
- Further work authorization policy adjustments
Increased Scrutiny
- Enhanced vetting procedures across all benefit categories
- More frequent USCIS site visits for H-1B employers
- Stricter compliance enforcement
- Expanded background checks
Processing Challenges
- Potential backlogs from new filing requirements
- Longer adjudication times for certain categories
- Need for more proactive planning and earlier filing
OUR COMMITMENT TO YOU
Despite unprecedented challenges in 2025, we at VisaPro remained committed to excellence, delivering clear strategies and successful outcomes for clients worldwide.
We’re here to help you:
- Navigate complex regulatory changes
- Develop proactive immigration strategies
- Maintain compliance with evolving requirements
- Achieve your U.S. immigration goals with confidence
Thank you for your trust. We wish you a joyful holiday season and a prosperous New Year.
We look forward to partnering with you in 2026 and beyond!
For personalized guidance on how these changes affect your specific situation, please contact our team at Contact Us or call (202) 787-1944.
Stay informed about critical immigration updates – subscribe to our newsletter here.
