• by Santhosh Rao

INTRODUCTION:

September 2025 was very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

1. USCIS Introduces Secure ACH Debit Payments for Filing Fees 
2. USCIS Granted Expanded Arrest and Investigative Powers Starting October 4, 2025
3. State Department’s October 2025 (FY 2026) Visa Bulletin  
4. USCIS Announces First Changes to Naturalization Test in Citizenship Overhaul 
5. DOL Revises O*Net Classifications, Impacting Job Zones, and H-1B Duties 
6. H-1B Visa Update: $100,000 Fee and Entry Restrictions Starting September 21, 2025  
7. DHS Plan Could Reshape H-1B Lottery — Here’s What Employers need to know 
8. H-1B Under the Microscope: DOL’s Project Firewall 
9. U.S. Department of State Issues Major Update for Non-Immigrant Visa Applicants
10. USCIS Enforcement During 60-Day Grace Period: Key Implications for H-1B Workers and Employers

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for September 2025.

USCIS INTRODUCES SECURE ACH DEBIT PAYMENTS FOR FILING FEES 

USCIS has launched a new payment option for filing fees—direct ACH debit from a U.S. bank account. Applicants can now submit Form G-1650, Authorization for ACH Transactions with their applications, petitions, or requests to make secure payments electronically. 

This option is in addition to paying by credit card via Form G-1450. While USCIS will continue to accept checks and money orders until October 28, 2025, after this date only ACH debit (Form G-1650) or credit card (Form G-1450) payments will be accepted. 

Applicants should ensure their accounts have sufficient funds, as transactions denied for insufficient balance may lead to rejections. For those without U.S. bank accounts, Form G-1450 with prepaid credit cards remains an option. 

This change is part of efforts to modernize payment systems, reduce fraud risks, and streamline processing. 

USCIS GRANTED EXPANDED ARREST AND INVESTIGATIVE POWERS STARTING OCTOBER 4, 2025 

USCIS has been granted expanded law enforcement authority, empowering its special agents to investigate, arrest, and present for prosecution individuals who violate U.S. immigration laws. The rule grants USCIS traditional federal enforcement authorities, including carrying firearms, making arrests, and executing search and arrest warrants. 

USCIS Director Joseph B. Edlow is empowered to order expedited removals and oversee investigations into both civil and criminal immigration violations under the agency’s jurisdiction. With these new authorities, USCIS can handle investigations from start to finish rather than referring certain cases to Homeland Security Investigations (HSI) within ICE. This shift allows ICE’s HSI and Enforcement and Removal Operations (ERO) to focus on combating transnational crime and deporting illegal aliens. USCIS plans to recruit and train special agents to carry out these duties. The rule is effective on October 04, 2025. 

STATE DEPARTMENT’S OCTOBER 2025 (FY 2026) VISA BULLETIN  

The State Department has issued the October 2025 Visa Bulletin – here are the highlights:  

• For family-sponsored filings and employment-based filings, the Dates for Filing chart must be used. 
• For Family-Sponsored Preference Categories (India): 
• F-1 – Final Action Date has advanced from (July 15, 2016) to (November 08, 2016); however; Dates for Filing (September 01, 2017) are unchanged. 
• F-2A – Final Action Date has advanced from (September 1, 2022) to (February 01, 2024); Dates for Filing have advanced from (June 01, 2025) to (September 22, 2025).  
• F-2B – Final Action Date has advanced from (October 15, 2016) to (November 22, 2016); however, Dates for Filing (January 1, 2017) are unchanged. 
• F-3 – Final Action Date has changed from (August 1, 2011) to (September 08, 2011); however, Dates for Filing (July 22, 2012) are unchanged.  
• For Employment -Based Preference Categories (India): 
• EB-1 – Final Action dates (February 15, 2022) have not changed; however, Dates for Filing have advanced from (April 15, 2022) to (April 15, 2023).  
• EB-2 – Final Action Date has advanced from (January 1 ,2013) to (April 01. 2013), and Dates for Filing have advanced from (February 1, 2013) to (December 01, 2013). 
• EB-3 – Final Action Date has advanced from (May 22, 2013), to (August 22, 2013); Dates for Filing have advanced from (June 8, 2013) to (August 15, 2014). 
• EB-4 – Final Action date status has been changed to (July 01, 2020); Dates for Filing have advanced from (February 01, 2021) to (February 15, 2021). 
• Religious Workers category is Unavailable for issuance.  
• The DV-2025 annual limit will be reduced to 52,000. 

USCIS ANNOUNCES FIRST CHANGES TO NATURALIZATION TEST IN CITIZENSHIP OVERHAUL 

U.S. Citizenship and Immigration Services (USCIS) has announced the 2025 Naturalization civics test, marking the first phase of a multi-step effort to strengthen American citizenship standards. The updated test is designed to more effectively assess applicants’ knowledge of U.S. history and government, consistent with statutory requirements. 

Recent USCIS actions include restoring rigorous vetting, stricter reviews of disability exceptions to civics and English requirements, and updated guidance on assessing good moral character—focusing on positive contributions rather than simply the absence of misconduct. The agency has also resumed neighborhood investigations to verify eligibility and reaffirmed that unlawful voting, false claims to citizenship, and illegal voter registration bar Naturalization. Effective date for change will be 30 days from the time the Federal Register Notice gets published. Published date being September 18, 2025. 

These changes reflect USCIS’s broader initiative to safeguard the Naturalization process and uphold the responsibilities of citizenship, with additional measures expected in the months ahead. 

DOL REVISES O*NET CLASSIFICATIONS, IMPACTING JOB ZONES, AND H-1B DUTIES 

The Department of Labor has issued updates to the O*NET classifications effective August 26, 2025. The update adjusts Job Zones for select occupations and revises Detailed Work Activities (DWAs) across 170 SOC codes. Occupations upgraded to Job Zone 4 are now more consistent with H-1B specialty occupation requirements, which demand at least a bachelor’s degree in a specific field. Occupations downgraded to Job Zones 2 or 3 generally cannot support H-1B sponsorship, as these levels do not equate to bachelor’s degree-level preparation. 

In addition, the revision of DWAs alters how duties are defined within numerous occupations. While DWAs do not affect Job Zones, they may influence USCIS review of whether a position requires specialized knowledge and a degree in a specific specialty. Practitioners should review both O*NET and the Occupational Outlook Handbook (OOH) carefully when selecting SOC codes for LCAs to ensure consistency between duties, education requirements, and H-1B eligibility. 

H-1B VISA UPDATE: $100,000 FEE AND ENTRY RESTRICTIONS STARTING SEPTEMBER 21, 2025  

On September 19, 2025, the White House issued a Presidential Proclamation restricting the entry of certain nonimmigrant workers, with a focus on H-1B specialty occupation visas. 

Effective September 21, 2025, employers must now include a $100,000 payment with H-1B petitions for workers seeking entry into the U.S. Petitions without this payment will not permit admission. The measure, valid for 12 months unless extended, is framed as protecting U.S. jobs, curbing misuse of the H-1B program, and ensuring wages are not undercut. 

The proclamation also directs agencies to revise prevailing wage levels, giving priority to higher-paid and higher-skilled foreign workers. Limited exemptions may be granted by the Secretary of Homeland Security if admission is deemed in the national interest. 

The move is expected to impose significant cost burdens on employers—particularly smaller firms and startups—while potentially limiting opportunities for foreign professionals. Supporters argue it will safeguard U.S. wages and reduce program abuse, while critics warn it could harm competitiveness, deter global talent, and invite legal challenges. 

This marks one of the most sweeping changes to the H-1B program in decades, with major implications for U.S. businesses, workers, and international mobility of skilled professionals 

DHS PLAN COULD RESHAPE H-1B LOTTERY — HERE’S WHAT EMPLOYERS NEED TO KNOW 

DHS has proposed significant changes to the H-1B visa cap selection process. Currently, USCIS runs a random lottery to select registrations for H-1B cap-subject petitions. The new rule would replace this with a weighted lottery system, giving beneficiaries with higher offered wages and increases odd of selection. 

Under the proposal, the following is proposed:  

• Registrations tied to Wage Level IV positions would be entered into the selection pool four times,  
• Level III three times,  
• Level II twice, and  
• Level I once.  

Each beneficiary, however, would only be counted once toward the cap, ensuring fairness and preventing abuse through multiple registrations. Employers must also provide accurate wage levels and job codes, with safeguards included to deter manipulation.  

DHS believes this approach will better align the program with Congress’s intent to attract highly skilled, well-compensated workers, while still leaving room for opportunities at lower wage levels. The aim is to incentivize higher salaries, prioritize top talent, and ensure H-1B visas are allocated more strategically in today’s competitive global labor market with Level 3 and Level 4 workers gaining more from it.  

NPRM is published on September 24, 2025, in the Federal Register.  Public comments are invited through the Federal Register for the next 30 days 

H-1B UNDER THE MICROSCOPE: DOL’S PROJECT FIREWALL 

The U.S. Department of Labor has launched Project Firewall, a new H-1B enforcement initiative aimed at protecting the rights, wages, and opportunities of highly skilled American workers. The program ensures employers prioritize qualified U.S. workers and holds accountable those who misuse the H-1B visa system. 

For the first time in history, the Secretary of Labor will personally certify investigations into employers suspected of non-compliance. These investigations may lead to recovery of back wages, civil penalties, or even debarment from the H-1B program. Project Firewall also strengthens interagency coordination, with the Department of Justice, EEOC, and USCIS partnering to combat discrimination and enforce compliance. 

Led by the Department’s Office of Immigration Policy, Employment and Training Administration, and the Wage and Hour Division, the initiative underscores the administration’s commitment to rooting out fraud and abuse while ensuring highly skilled jobs benefit Americans first.  

U.S. DEPARTMENT OF STATE ISSUES MAJOR UPDATE FOR NON-IMMIGRANT VISA APPLICANTS

The U.S. Department of State has issued updated guidance for all non-immigrant visa applications.

Effective September 6, 2025, you must schedule your visa interview at the U.S. Embassy or Consulate in your country of nationality or residence.

What you need to know:

• Proof of Residency: If applying based on residence, you must provide proof.
• Designated Locations: If your home country does not have routine visa services, a designated embassy has been assigned (e.g., Islamabad for Afghans, Warsaw/Vilnius for Belarusians, Dubai for Iranians).
• Increased Scrutiny: Applying outside your country of nationality or residence may lead to longer wait times and a higher chance of a visa denial.
• Non-Refundable Fees: Visa application fees are non-refundable and non-transferable, even if the visa is denied.
• Existing Appointments: Existing NIV appointments will generally not be cancelled.
• Exceptions: This policy does not apply to A, G, C-2, C-3, NATO, diplomatic, or official visas. Humanitarian exceptions may be considered.

This new guidance supersedes all previous instructions. Stay informed and plan your application carefully! Always check the official embassy or consulate website for the latest information!

USCIS ENFORCEMENT DURING 60-DAY GRACE PERIOD: KEY IMPLICATIONS FOR H-1B WORKERS AND EMPLOYERS

USCIS has begun issuing Notices to Appear (NTAs) to H-1B workers even during the 60-day grace period following job loss. Traditionally, this period allowed certain non-immigrants to remain in the U.S. for up to 60 days after termination, but it is discretionary and can be shortened in cases of fraud, unauthorized work, or other violations.

Why NTAs Are Issued:

• Often triggered when employers withdraw H-1B petitions.
• ICE may argue workers are out of status despite pending Change of Employer (COE) or Change of Status (COS) filings.

Policy Shift (Feb 2025):

• USCIS now has broader authority to issue NTAs after denials, impacting not just H-1B extensions but also family-based green cards and other petitions.

For H-1B Workers:

• Employment may begin once a non-frivolous COE is filed.
• File early, ideally with premium processing.
• Provide strong supporting evidence.
• Keep fallback options, such as a B-2 filing.

For Employers:

• Ensure bona fide termination by: notifying the employee, informing USCIS, and covering return travel costs.
• Failure to notify USCIS may result in back wage liability.

Bottom Line: The grace period is a lifeline, but with stricter NTA policies, risks have increased. Workers and employers should act early, document carefully, and keep contingency plans in place.

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At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails, and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate facts from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters.    

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