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• October 2025 Visa Bulletin Update: Big Advancement
• FY 2025 EB-5 Unreserved Category Reaches Annual Cap
• USCIS Reintroduces Revised Naturalization Civics Test
• Supreme Court Allows Immigration Detentions in Los Angeles to Continue

October 2025 Visa Bulletin Update – Advancement! Get Ready to File AOS Cases

Although several FY2025 Immigrant Visa limits were reached in September, the Department of State’s October 2025 Visa Bulletin marks several developments for employment-based immigration categories.

• Final Action Date Chart: EB-1, EB-2, and EB-3 categories show modest advancement, with some countries, including China and India, seeing progress of up to 3.5 months.
• Dates for Filing Chart: EB-1 through EB-3, with certain categories advancing over a year.

Impact: Employers should review the updated Final Action and Filing Charts to identify employees who may now be eligible for adjustment of status. It’s essential to prepare related I-485 applications, I-140 petitions, and other documentation promptly to avoid delays and risk of missing the filing window. Clear communication with affected employees will ensure they understand next steps and expectations.

FY 2025 EB-5 Unreserved Category Reaches Annual Cap

The Department of State has confirmed that the EB-5 Unreserved immigrant visa category has reached its annual limit for FY 2025 and will remain unavailable until October 1, 2025, when the new fiscal year begins. Until then, U.S. embassies and consulates will not issue EB-5 Unreserved visas, and USCIS cannot approve adjustment of status (AOS) applications in this category.

Applicants may still submit AOS filings, but adjudication and final approval will be paused until new visa numbers are released in October. Interviews may proceed, though final decisions will not be issued until the category reopens.

Impact: Employers should anticipate short-term delays for employees or candidates in the EB-5 Unreserved category and communicate this clearly to manage expectations. Planning for October filings and monitoring the Visa Bulletin will be essential to minimize disruption to onboarding and workforce mobility plans.

USCIS Reintroduces Revised Naturalization Civics Test

U.S. Citizenship and Immigration Services (USCIS) has announced it will implement the 2025 Naturalization Civics Test, effective for applications filed on or after October 18, 2025. The new test draws heavily from the 2020 version, with about 75% of questions carried over from the 2008 test and 25% updated or newly created. Applicants will be asked up to 20 questions from a 128-question bank and must answer 12 correctly to pass, with officers now stopping once an applicant either passes or fails to reduce unnecessary questioning.

Applications filed before October 18, 2025, will continue to use the 2008 civics test. Applicants age 65+ with 20+ years of permanent residence remain eligible for a simplified 10-question version, based on their filing date. Updated study materials for both versions will be published by USCIS to ensure applicants can prepare appropriately.

Impact: While this change primarily affects employees pursuing U.S. citizenship, HR and mobility teams should expect questions from staff on timing, eligibility, and preparation. Employers can support employees by helping them understand which test applies based on filing date and directing them to updated USCIS study resources.

Supreme Court Allows Immigration Detentions in Los Angeles to Continue

On September 8, 2025, the Supreme Court granted a stay in Noem v. Perdomo, allowing immigration officers to continue detaining individuals in the Los Angeles area based on factors such as language, race/ethnicity, or type of employment while litigation proceeds. This means workplace-adjacent stops at car washes, construction sites, farms, and day-labor gathering areas may continue, raising visibility of enforcement in the community.

Justice Kavanaugh concurred, citing extraordinary levels of illegal immigration, while Justice Sotomayor dissented, warning the practice risks sweeping in U.S. citizens and lawful residents and raises constitutional concerns.

Impact: Employers with operations in the Los Angeles area should anticipate heightened enforcement activity and possible employee concern or disruption. Close coordination with immigration counsel, proactive communication, and reassurance for affected employees will be important until the case is resolved.