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• USCIS Announces New Fee Increases for Immigration Applications
• August Visa Bulletin: Retrogressions and Limited Availability Across Employment-Based Categories
• H-1B Cap Reached for FY 2026; New Rule Proposed to Prioritize Higher Salaries
• Appellate Court Allows Trump Administration to End TPS for Afghans and Cameroonians
• USCIS Implements Supreme Court Stay on Venezuela TPS Documentation
• E-Verify Introduces Employee Opt-Out for E-Verify+
• E-Verify Updates Status Change Report to Include Revoked EAD Information
• USCIS Requires New Edition of Form I-129 Starting July 30, 2025
• Joseph Edlow Confirmed as USCIS Director

USCIS Announces New Fee Increases for Immigration Applications

On July 18, 2025, USCIS announced it will implement new filing fees for various immigration-related applications, effective for filings postmarked on or after July 22, 2025. Applications submitted without the correct fees on or after August 21, 2025, will be rejected.

While many of the changes primarily impact humanitarian-based filings, there are a few items global mobility teams should be aware of. New fees apply to Employment Authorization Documents (EADs) for individuals in asylum, parole, or Temporary Protected Status (TPS) categories: $550 for initial applications and $275 for renewals or extensions. A $100 annual asylum fee is also being introduced for individuals with pending asylum applications that remain unresolved after one year.

The TPS registration fee will increase significantly, from $50 to $500. Additionally, the Executive Office for Immigration Review has confirmed a $2,940 filing fee for Form I-485 (Adjustment of Status), which may affect employer-sponsored green card applicants.

USCIS also noted that additional fee increases are expected in the future for other commonly used forms, including Form I-131 (Travel Document) and Form I-102 (Arrival/Departure Record). These are not yet in effect but should be closely monitored.

Impact: While most employment-based categories are not directly affected by this round of fee changes, employers should review their immigration cost policies, anticipate future adjustments, and be prepared to support affected employees as needed.

August Visa Bulletin: Retrogressions and Limited Availability Across Employment-Based Categories

The Department of State’s August 2025 Visa Bulletin includes key developments across several employment-based green card categories that may impact employer-sponsored talent.

The EB-2 category for Rest of World has retrogressed, and DOS warns that the annual visa limit may be reached in August, potentially rendering the category “Unavailable” as early as this month.

In the EB-3 and Other Workers (EW) categories, visa issuance is approaching the FY2025 annual limits, and the bulletin indicates that further retrogression or unavailability is likely in September, or potentially sooner.

For EB-5 Unreserved – China, while this category was previously retrogressed in April, visa demand has been lower than anticipated. As a result, final action dates have advanced to promote continued number use. However, the bulletin cautions that unavailability is still possible if the annual limit is met.

Similarly, EB-5 Unreserved – India has also seen advancement due to the anticipated availability of unused family-sponsored visas, which DOS expects to “fall down” into the employment-based categories. Final action dates for EB-5 India have advanced, but the category will become unavailable if the limit is reached.

Impact: These updates signal increasing constraints on visa availability in several employment-based categories. Employers should prepare for potential delays in green card processing, especially for EB-2 and EB-3 cases and stay in close contact with counsel to assess timing risks for pending or planned filings.

H-1B Cap Reached for FY 2026; New Rule Proposed to Prioritize Higher Salaries

On July 18, 2025, USCIS announced that it has received enough petitions to reach both the regular H-1B cap of 65,000 and the 20,000 master’s degree exemption for fiscal year 2026. While no new petitions will be accepted under the cap, USCIS will continue processing petitions exempt from the cap, including extensions, changes of employer, changes in employment terms, and concurrent employment for current H-1B holders who have previously been counted against the cap.

USCIS also plans to propose a new rule that would prioritize H-1B selections based on salary levels, reviving an initiative from the first Trump administration. Though details have yet to be released, the proposed rule aims to favor higher-paid positions during the lottery selection process. This approach has drawn criticism in the past, as it could disadvantage highly skilled recent graduates or startups that hire at lower salary levels.

Impact: Employers should note the FY 2026 H-1B cap is full, with new petitions deferred to the next cycle. Proposed rules prioritizing higher salaries may impact hiring entry-level and startup roles. Continued monitoring and legal consultation are advised.

Appellate Court Allows Trump Administration to End TPS for Afghans and Cameroonians

The U.S. Court of Appeals for the 4th Circuit recently ruled that the Trump administration may proceed with ending Temporary Protected Status (TPS) for more than 10,000 people from Afghanistan and Cameroon, despite an ongoing lawsuit by immigration group CASA challenging the decision. The court acknowledged CASA’s concerns but found insufficient grounds to block the phase-out while the case proceeds. TPS protections for Afghans ended July 21, 2025, with Cameroon’s program ending August 4, 2025.

Approximately 11,700 Afghans and 5,200 Cameroonians currently hold TPS, though some have green cards and are unaffected. Those losing TPS can apply for asylum or other statuses but face deportation risks if unsuccessful. The Department of Homeland Security defended the decision, stating TPS was never intended as a long-term asylum substitute, citing concerns over fraud and security. Advocacy groups warn that ending TPS will disrupt lives, cause family separations, and put vulnerable individuals at risk amid ongoing instability in both countries. CASA’s lawsuit alleges the administration failed to follow proper legal procedures and that the policy is influenced by racial bias. The case is moving quickly through the courts.

Impact: Employers and legal teams should prepare for potential effects on affected employees’ work authorization and status and closely monitor ongoing litigation and policy changes related to TPS termination.

USCIS Implements Supreme Court Stay on Venezuela TPS Documentation

On July 14, 2025, USCIS issued guidance following a Supreme Court emergency stay related to the 2023 Temporary Protected Status (TPS) designation for Venezuela. Beneficiaries who received certain TPS-related Employment Authorization Documents (EADs) on or before February 5, 2025, will maintain their TPS status and continue to hold valid documentation pending further litigation.

Specifically, Venezuelan TPS beneficiaries with EADs under categories A12 or C19 dated on or before February 5, 2025, and expiring October 2, 2026, remain valid. Those with EADs expiring April 2, 2025, who also filed timely renewal applications evidenced by Form I-797 Notices of Action issued with receipt dates on or before February 5, 2025, have their work authorization automatically extended up to 540 days, through September 24, 2026.

For employers, USCIS instructs that when employees present these EADs for Form I-9 completion or update, the expiration date entered should reflect either October 2, 2026, or the extended date of September 24, 2026, depending on the documentation provided.

Impact: Global mobility teams should ensure accurate verification and documentation of TPS Venezuela employees’ work authorization per the updated guidance to maintain compliance and prevent work eligibility challenges amid ongoing litigation.

E-Verify Introduces Employee Opt-Out for E-Verify+

E-Verify has introduced a new feature allowing employees to opt out of the streamlined E-Verify+ process and instead complete the traditional Form I-9 and E-Verify verification separately. When an employee selects “Opt Out” in E-Verify+, their case status updates to “Case Closed Opt Out,” and the case automatically closes. The employee must then contact their employer to complete Section 1 of Form I-9 and provide acceptable identity and work authorization documents.

Employers should note that even if an employee opts out, they must still complete Section 1 of Form I-9 no later than the first day of employment, and the employer must create an E-Verify case within three business days. The opt-out status will appear on the employer’s E-Verify dashboard under “Recently Auto-Closed Cases.”

E-Verify+ is designed to streamline the verification process by combining Form I-9 and E-Verify into a single digital workflow, but this opt-out option provides flexibility for employees who prefer the traditional process. Employers should consult with counsel prior to enrolling in E-Verify+ due to limitations of the program.  It also is important to note that employers using E-Verify via a web services provider are not eligible for E-Verify+.

Impact: Employers should update onboarding procedures to accommodate employee opt-outs from E-Verify+ while ensuring compliance with Form I-9 and E-Verify timelines.

E-Verify Updates Status Change Report to Include Revoked EAD Information

On July 15, 2025, E-Verify announced that its Status Change Report now features a new “Revoked Document Number” field. This addition helps employers identify if an employee’s Employment Authorization Document (EAD) used in the Form I-9 and E-Verify process has been revoked. If the EAD is listed as revoked, employers are required to reverify the employee’s work authorization immediately.

The announcement also provides detailed guidance on the reverification process and employer responsibilities to ensure ongoing compliance. This opt-out option provides flexibility for employees who prefer the traditional process.

Impact: Global mobility teams should regularly monitor the updated Status Change Report to quickly identify revoked EADs and complete necessary reverifications, ensuring ongoing compliance with employment eligibility verification.

USCIS Requires New Edition of Form I-129 Starting July 30, 2025

Effective July 30, 2025, USCIS will require the use of the January 20, 2025 edition of Form I-129, Petition for a Nonimmigrant Worker. Until that date, the January 17, 2025 edition will remain acceptable. Employers submitting paper petitions should ensure that the edition date and page numbers appear clearly at the bottom of every page and that all pages come from the same edition. USCIS warns that forms missing pages or containing mixed editions risk rejection.

Impact: Employers and legal teams should verify they are using the correct, consistent edition of Form I-129 for all petitions filed on or after July 30 to avoid processing delays or rejections.

Joseph Edlow Confirmed as USCIS Director

On July 15, 2025, the U.S. Senate confirmed Joseph Edlow as the new director of U.S. Citizenship and Immigration Services (USCIS). Mr. Edlow brings extensive experience from his previous roles as USCIS deputy director for policy and chief counsel, deputy assistant attorney general at the Department of Justice, and counsel to Congress. He has also been involved with policy think tanks and founded his own legal firms.

Impact: Mr. Edlow’s leadership may influence USCIS policy and operations, making it important for employers and immigration teams to stay informed about potential regulatory and procedural changes under his tenure.