At Brown Immigration Law, we strive to be your company’s partner in growth and innovation, on a global scale. We continue our commitment to demystifying the complex immigration laws of the United States and Canada to provide efficient and effective immigration and global mobility support. Please find this month’s business immigration news below.

U.S. BUSINESS IMMIGRATION UPDATES

H-1B Cap Reminders

Many H-1B petitions will become effective on October 1, 2025, so now is the time to prepare.

If your petition was approved as an I-797B, as a reminder, your H-1B status will not automatically take effect until you travel, obtain a visa (if needed), and re-enter the United States to obtain an I-94 record with an H-1B entry.

For those with approved Change of Status (COS) petitions, your new status will automatically take effect on October 1 (or the start date listed on your approval notice, if later).

Importantly, please inform your BIL attorney immediately if there have been any changes since your petition was filed, especially regarding worksite location or job role, as amendments must be filed before your H-1B status begins.

Finally, for employers with employees changing status from F-1 or J-1 to H-1B, be aware there may be tax implications, including the end of FICA (Social Security and Medicare) tax exemptions. Information can be found here at the IRS’s website on this issue.

With any questions, reach out to your BIL attorney.

Trump Administration Reviewing More than 55 Million U.S. Visas

Various outlets have reported that the Trump Administration is reviewing the records of more than 55 million U.S. visa holders to determine ongoing eligibility. Typically, when an existing U.S. visa is revoked, the individual holding the visa is notified by email of its revocation. Individuals who receive notice of revocation who have planned travel to the U.S. should resolve the visa issue before seeking entry, as seeking entry with a revoked visa could risk entry denial or other consequences. Individuals who receive notice of revocation while in the U.S. should discuss the notice as soon as possible with HR and immigration counsel.

Please visit our trending topic page for more details.  

USCIS Updates CSPA Age Calculation Policy (Effective August 15, 2025)

USCIS has revised its method for calculating a child’s age under the Child Status Protection Act (CSPA) to align with the Department of State (DOS). As of August 15, 2025, CSPA age will now be calculated using the Final Action Dates chart from the Visa Bulletin, not the Dates for Filing chart.

The CSPA helps certain children remain eligible for immigration benefits despite aging out (turning 21) during processing delays. For family and employment-based categories, a child’s CSPA age is determined by subtracting the time a petition was pending from their age when a visa becomes available.

Previously, USCIS temporarily allowed CSPA age to be calculated using the Dates for Filing chart (Feb 14, 2023 to Aug 14, 2025). With this change, applicants must wait until a visa is available under the Final Action Dates chart to determine CSPA age, which may increase the risk of aging out while adjustment of status applications are pending.

DOS Waiver Review Division (WRD) Not Issuing J-1 Waiver Recommendations

The American Immigration Lawyers Association (AILA) has recently received reports that the Department of State’s (DOS) Waiver Review Division (WRD) has been refusing to issue favorable recommendations for J-1 No Objection Waiver Requests despite receiving No Objection Statements from the home country.

For context, certain foreign exchange students and scholars who were in J-1 status are subject to a two-year home country resident requirement. See INA §212(e). Without completing the two-year home country requirement, these J-1 holders are not permitted to change status to H-1B or L-1, obtain an immigrant visa, or adjust status in the United States (with limited exceptions). The law permits the two-year residency requirements to be waived on various grounds, one of which is based on a No Objection Statements issued by the J-1 holder’s home country.

The Waiver Review Division (WRD) of DOS is in charge of reviewing waiver applications from J-1 holders and has traditionally issued favorable recommendations to USCIS to waive the 2-year home country residency requirement when they receive the No Objection Statement from J-1 holders home country. From these reports, it seems that the WRD is taking a different approach, refusing to take action and issue the recommendation to USCIS.

While there has not been a formal regulatory change, it is important to, at the very least, expect delays in the processing of a J-1 waiver request currently. We will continue to monitor this trend and provide updates if any.

Visa Bond Pilot Program for Visitor Visa Applicants

On August 5, 2025, the Department of State (DOS) introduced a Temporary Final Rule (TFR) that announced the commencement of a 12-month long visa bond pilot program for temporary business or pleasure visitor visa (B-1/B-2) applicants from select countries with high overstay rates, deficient vetting data, or Citizenship-by-Investment (CBI) programs.

The pilot program, which is set to run from August 20, 2025, through August 5, 2026, requires visa applicants from these select countries to post a Maintenance of Status and Departure Bond (Visa Bond) of $5,000, $10,000, or $15,000 at the Consular Officer’s discretion prior to the issuance of their visitor visa. Those required to pay the Visa Bond must post their bond via www.pay.gov, which will be held by the Department of Treasury as an escrow-style account under DHS discretion. Required applicants must also submit an ICE Form I-352 agreeing to the terms of the bond.

Those subject to the bond will be issued an annotated, single-entry visa with a 3-month validity period, to be admitted by CBP for a maximum period of 30 days only. In addition to receiving single-entry visas with 3-month validity and being admitted for no more than 30 days, required applicants must also enter/depart the US through designated POEs: Boston Logan International Airport, John F. Kennedy International Airport, or Washington Dulles International Airport.

Effective August 20, 2025, nationals of Malawi and Zambia will become the first B-1/B-2 visa applicants subject to this pilot program. Additional countries deemed to meet the criteria mentioned above will be provided notice on DOS’s website at www.travel.state.gov, reportedly no less than 15 days prior to the initiation of the pilot program. Countries may be modified on a rolling basis.

Department of State Restricting Availability of Interview Waivers for Most Non-Immigrant Visa Categories

Effective September 2, 2025, the U.S. Department of State will significantly scale back its visa interview waiver policy, largely ending the COVID-era flexibility introduced in March 2021 that allowed many nonimmigrant visa applicants to renew without an in-person interview.

Under the new policy, most applicants, including students, exchange visitors, employment-based applicants, and individuals under 14 or over 79, must attend in-person interviews. Only tourist and business visa holders may still qualify for waivers, and only if their previous visa was issued within the past 12 months and they meet strict eligibility criteria. Diplomatic and certain official visa applicants remain exempt.

This shift is expected to sharply increase visa appointment wait times worldwide, making it crucial for travelers, especially those renewing work visas, to plan well in advance. Please contact your BIL attorney with any questions.

Updates to DOS Visa Reciprocity Schedule: DOS Reduces Validity of New Visas for a Number of Countries

The U.S. Department of State (DOS) maintains online visa reciprocity schedules for each country for which it issues visas, providing a country-by-country breakdown that outlines the validity period, number of entries, visa issuance fees, among others key visa terms. Based on the principle of reciprocity, the schedule theoretically ensures that the treatment of foreign nationals applying for U.S. visas aligns with the treatment U.S. citizens receive when applying for similar visas in those countries.

DOS has recently updated the visa reciprocity schedules, impacting the validity and number of entries for nonimmigrant visas for nationals of several countries. These changes, effective immediately, have generally reduced validity periods for certain countries in addition to changing the number of entries permitted on a certain visa.

Visas issued before the change retain their original validity and other terms. Additionally, even if there is a reciprocity schedule for a visa type covered by the full and partial travel bans established last month, individuals would have to qualify under the limited waiver provisions of the travel ban in order to be issued a visa.

If you have incoming international travel or visa appointments, please contact your BIL attorney for a case-specific assessment.

USCIS Updates its Policy on Good Moral Character Analysis for N-400 Adjudications

Per AILA: “USCIS issued a policy memorandum (PM-602-0188) on establishing a new good moral character evaluation standard for people applying for naturalization. Going forward, USCIS officers must account for individuals’ positive attributes, not only the absence of misconduct, when making a determination about whether the applicant has met the requirement of establishing good moral character.”

USCIS to Consider Anti-Americanism in Immigrant Benefit Requests

On August 19, 2025, USCIS issued an update to its Policy Manual, outlining expanded criteria for evaluating discretionary immigration benefit requests. The update emphasizes that involvement in anti-American or terrorist organizations, past parole requests, and any evidence of antisemitic activity will carry significant negative weight in discretionary determinations, such as adjustment of status applications.

Additionally, USCIS has broadened social media vetting to include reviews for anti-American activity, which will be a strongly negative factor in these cases. Applicants and petitioners should be aware that the burden remains on them to demonstrate eligibility for a favorable exercise of discretion.

Please contact your BIL attorney with any concerns related to this update.

September Visa Bulletin

The September Visa Bulletin has been released by the Department of State.  After some limited movement in the Final Action dates for certain employment-based categories in August, there are no changes from the August Visa Bulletin to the September Visa Bulletin for either dates for filing or for Final action dates in employment-based visa categories. We’ll continue to monitor any Visa Bulletin updates to provide timely updates as they become available.

CANADIAN BUSINESS IMMIGRATION UPDATES

Canada’s federal government is considering adding three new occupational categories to the Express Entry system in 2026: senior managers, scientists and researchers, and military personnel. This is part of a public consultation process by Immigration, Refugees, and Citizenship Canada (IRCC) to refine its category-based selection draws, which were introduced in 2023. These draws are designed to address specific labor market and economic needs by inviting candidates with in-demand skills or language abilities. The new categories are aimed at attracting high-skilled foreign nationals who can contribute to Canada’s competitiveness, innovation, and national security. The public has until September 3, 2025, to provide feedback on these proposed changes.

Proposed New Categories for 2026

• Leadership: This category targets senior managers, defined as highly skilled workers who oversee company operations and lead teams. IRCC believes this will attract fresh perspectives, accelerate digital transformation, and enhance productivity to boost the country’s economic growth.
• Research and Innovation: This new category would prioritize certain scientists and researchers. While the consultation document doesn’t specify which fields, the goal is to enhance productivity and stimulate economic growth through scientific research and innovation.
• National Security and Defense: This category is intended to support the Canadian Armed Forces by prioritizing the selection of highly skilled military recruits from allied countries.

Ongoing and Potential Future Priorities

In addition to the new categories, the IRCC proposes to maintain its focus on existing priorities from 2025 to address long-term labor shortages. These include sectors such as healthcare, skilled trades (including construction), education, STEM, and agriculture and agri-food. The government also plans to continue prioritizing Francophone immigration outside Quebec, with targets set to increase to 10% of permanent residents by 2027.

The government is also seeking feedback on whether Express Entry should prioritize talent already in Canada or focus more on recruiting from overseas.

Impact on International Students

Changes to Express Entry categories can also affect international students and their eligibility for a Post-Graduation Work Permit (PGWP). Since 2024, the PGWP has been linked to Express Entry categories, with a list of eligible fields of study for non-degree programs. Adjustments to the Express Entry categories in 2026 could lead to an update to this list. The IRCC has stated that an announcement on PGWP-eligible fields of study is expected in early 2026. However, graduates of bachelor’s, master’s, and doctoral programs are exempt from these field of study requirements.

NEW LEARNING OPPORTUNITIES

Business Immigration Updates: Summer Highlights & What You Missed…and What is Coming Soon

Missed a few memos while out this summer? Blissfully ignoring the Trump Administration’s approach to immigration policy? We’ve got you covered. In this session, Founder and Managing Partner David Zaritzky Brown will break down the key business immigration updates from 2025 so far — what’s changed, what’s working, and what employers need to know now.

U.S. Travel & Maintenance of Status: What HR/Foreign Born Employees and Business Travelers Must Know

As the current Administration enters the second half of its first year, news reports continue to highlight problems encountered at U.S. border crossings. At the same time, internal immigration enforcement has intensified, creating a real risk that even U.S. citizens and legally authorized foreign nationals may be mistakenly caught up in ICE’s inconsistent enforcement efforts.

Bulletproof Your Compliance – I-9 and Workplace Compliance Updates

With the threat of increased employment audits and investigations, keeping up to date on I-9 and Workplace compliance issues is key to avoiding fines for paperwork violations and the negative press that comes with non-compliance. Join Managing Partner and Founder, David Zaritzky Brown as he walks you through both basic and advanced compliance strategies. He’ll outline the Brown approach to I-9 auditing and how to ensure compliance regardless of the size of your organization.

Green Card Game Plan Part 1: Get Your Head in the Game

In the first session of our Green Card Game Plan 2-part series, David Zaritzky Brown, Founder and Managing Partner of Brown Immigration Law, will walk through the core options employers have to support foreign-born talent on the path to permanent residency.

Green Card Game Plan Part 2: Executing the Green Card Strategy

In part two of the Green Card Game Plan series, David Zaritzky Brown, Founder and Managing Partner of Brown Immigration Law, takes a deeper look at the employment-based green card options introduced in the first session and provides direct examples of how they operate. He’ll provide specific case studies and explain his term “leap-frogging” for individuals who are subject to significant immigrant visa backlogs.

Immigration Mistakes That Could Haunt You and How to Avoid Them

With over 25 years of experience in business immigration law, Managing Partner and Founder, David Zaritzky Brown, has often been called upon to resolve complex issues—many resulting from mistakes made by previous counsel or clients themselves. In this Halloween edition of his webinar, he’ll discuss situations that “scare” him and how he approaches certain cases! David will also discuss best practices and why they exist to keep people safe in this period of increased enforcement. He’ll also give examples of real cases the firm has handled to fix problems and protect clients.