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

ICYMI: USCIS Confirms FY 2026 H-1B Cap Reached

USCIS officially announced in an email update on July 18, 2025 that it received enough petitions to meet the FY 2026 H-1B cap, including both the regular cap (65,000) and the advanced degree exemption (20,000). This means, unlike previous years, there will not be multiple lottery draws, and the initial results announced in April are the final selections for this year. Those who were not selected will need to register in next year’s lottery for the chance to be selected under the H-1B Cap for FY 2027. The filing deadline for those selected in this year’s lottery has already passed but USCIS will continue adjudicating any timely filed H-1B Cap petitions that remain pending. 

We will begin reaching out to clients early next year about registration for the next H-1B Cap (FY27). Feel free to reach out to your BIL attorney with any questions in the meantime. 

Trump Administration’s “Big Beautiful Bill”

On July 4, 2025, President Trump signed into law H.R. 1 called the “One Big Beautiful Bill Act” (OBBBA). Among its various provisions, the OBBBA includes significant immigration- and border-related spending measures that provide over $170 billion in additional funding for immigration and border enforcement and impose many mandatory new fees on certain immigration benefits applications. These fees, many of which are authorized to be layered on top of existing fees, are largely mandatory, and implementation is unknown at this time.

The American Immigration Council provides an analytical comparison of current and proposed fees across U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), U.S. Department of State (DOS), and Executive Office for Immigration Review (EOIR). For instance, a new $250 “Nonimmigrant Visa Integrity Fee” will now apply upon issuance of nonimmigrant visas by the DOS, but at present it is not known how it will be collected or refunded when non-immigrants met the qualifications. There are many unanswered questions about the implementation of the visa integrity fee, which will likely be described in a federal register notice. The fee for an inadmissible noncitizen who is apprehended between ports of entry by CBP has been increased from anywhere between $50-250 to $5,000.

The OBBBA also states that certain noncitizens, including refugees and asylees, VAWA recipients, and beneficiaries of most humanitarian relief programs are no longer eligible for public benefit programs such as Medicaid, Medicare, CHIP, SNAP, etc.

Lastly, the OBBBA allocates substantial government funds to stringent immigration enforcement and detention measures, funneling $45 billion for building new immigration detention centers, $29.9 billion toward ICE’s enforcement and deportation operations, $3.3 billion to the Department of Justice, $46.6 billion for border wall construction, $5 billion for updating and constructing CBP facilities and checkpoints, $14 billion for states to support border-related immigration enforcement, among other measures.

In response to its passage, Executive Director of the American Immigration Lawyers Association, as he states: “Instead of advancing practical, humane immigration reforms, Congress chose to funnel unprecedented resources into the Administration’s ruthless deportation machine … a betrayal of American values so extreme it threatens the citizenship rights of us all … America deserves an immigration system that reflects our values and interests, not one that undermines the rule of law and weaponizes enforcement against our own neighbors. This is unacceptable.”

Department of State Updates Reciprocity Schedule

Reported by the American Immigration Lawyers Association: “NAFSA: Association of International Educators (“NAFSA”) identified several changes to the Department of State (“DOS”) visa reciprocity schedule limiting nonimmigrant visa validity to single entry/3-month visas which has been applied across the B, F, H, J, M, and O visa categories for several countries throughout Africa and Asia, as well as Cuba, Haiti, and Venezuela. A detailed analysis can be found on NAFSA’s Regulatory Information page: https://www.nafsa.org/regulatory-information/dos-reduces-validity-new-visas-number-countries. Please note that over 50 countries have been affected but not all countries that have changed have the same limitations/changes.

DOS has historically published changes to their reciprocity schedule on their own website (for similar changes from 2019, see, https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/reciprocity-whats-new-2019.html). However, despite the most recent changes occurring before July 17, 2025, the current published official DOS updates make no reference to these changes as of the date of this Alert (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/reciprocity-whats-new.html). Therefore, it is incumbent on members to monitor the schedule for any further changes.

Dignity Act

Reintroduced on July 15, 2025, the Dignity Act is a piece of immigration-related legislation with bipartisan support. The bill contains provisions for a ‘Dignity Program’ which would offer undocumented immigrants present before 2021 temporary, renewable legal status for 7 years. The Dignity Program contains strict requirements and high fees (referred to as restitution), and does not provide a pathway to citizenship, but would permit employment authorization, international travel, and a shield from removal.

Additionally, those qualifying under the Dignity Act would have a path to permanent residency, provided they meet the criteria, which include obtaining a college degree, serving for a number of years in the military, or working legally for more than four years.

The bill contains several other provisions, such as mandatory nationwide E-Verify for employers, a goal to reduce the employment and family based green card backlog by 2035, and efforts to decrease visa backlogs to a maximum of 10 years, raising visa caps, and exempt spousal and minor children visas from these caps.

Currently, the bill is in the House Judiciary Committee, meaning there is still many steps before the bill could become law. Reports confirm that “at least 10 Republicans and 11 Democrats have voiced their support for the Dignity Act. The bill, however, is just starting the legislative process. The bill, however, will likely face an uphill battle in Congress.” We will continue to monitor for updates.

Updates on Birthright Citizenship – See our Trending Topics Page!

This is an evolving issue with frequent updates due to ongoing litigation. On our Trending Topics page, we provide a timeline of events along with a summary of the practical impact as things stand currently and what to expect going forward as the situation unfolds.

Currently, there is a temporary block on the executive order ending birthright citizenship, but this could change as litigation continues. If EO 14160 is ever allowed to take effect, individuals born in the U.S. will not be automatically entitled to U.S. citizenship (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a U.S. citizen or LPR at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary (such as, but not limited to, visiting the U.S. under the Visa Waiver Program or on a student, work, or tourist visa) and the person’s father was not a U.S. citizen or LPR at the time of said person’s birth. (90 FR 8449, 1/29/25).

Key Updates for E-Verify Users: Status Change Reports

On Friday, June 20, 2025, the Department of Homeland Security (DHS) sent an email to E-Verify employers announcing that it is revoking Employment Authorization Documents (EADs) for certain parolees whose status had been terminated. EAD revocations may be announced individually or as a group, including for Cuban, Haitian, Venezuelan, and Nicaraguan (CHNV) parolees.

From the update, employers now have access to a new E-Verify tool called “Status Change Report” to identify impacted individuals and then “immediately” reverify their employment authorization. This is a change in how E-Verify was traditionally used; initially created to enhance the verification process at time of hire, it is now being leveraged to let employers know when the government ends a program early. For guidance on reverification, or questions about this new tool, please contact your BIL attorney.

Updates for Form I-693, the Report of Immigration Medical Examination and Vaccination Record

USCIS significantly revised its policy on the validity period of Form I-693 in two ways. First, Form I-693 is only valid for the specific immigration benefit for which it was submitted, such as an Adjustment of Status. This replaces the previous guidance, which allowed the form to be reused so long as it was signed by the civil surgeon on or after November 1, 2023. This also means that any new application requires a new I-693 form, and if the case is denied or withdrawn, the I-693 form is no longer valid. Additionally, effective July 3, 2025, USCIS will only accept the newest version of Form I-693 dated 01/20/2025. Those who are planning to petition for an immigrant benefit and have already attended their medical exam are encouraged to speak with their attorney to ensure that all forms are the correct edition.

The Department of Labor Temporarily Establishes the Office of Immigration Policy (OIP)

The Secretary of Labor, Lori Chavez-DeRemer, announced on June 23, 2025, the temporary establishment of the Office of Immigration Policy (OIP) within the Department of Labor. The OIP is intended to assist with employment-based immigration and to coordinate the implementation of Administration policy objectives across multiple federal agencies. Among the responsibilities of the organization, the OIP will provide strategic oversight of funding for immigration related work, coordinate day-to-day direction of immigration related work, and ensure timely completion of all project milestones and deadlines. Notably, the OIP will monitor foreign labor certifications and seek to improve access to employment-based visa programs. This major administrative reform within the DOL is aimed at making legal workforce pathways more efficient and accessible. If implemented effectively, the OIP has the potential to significantly improve processing times for employment-based filings, such as prevailing wage requests and PERMS. Though the establishment of the office is temporary, it shall remain in effect until otherwise superseded. We will continue to monitor for updates as they arise.

DOL’s Office of Labor Certification Updates BLS’s Occupational Employment and Wage Statistics for 2025-2026 Wage Year

On July 1, 2025, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OLFC) implemented key updates based on the DOL’s Bureau of Labor Statistics’ May 2024 (not 2025) Occupational Employment and Wage Statistics (OEWS) data and reflect adjustments to OEWS’s geographic data definitions, occupational classifications, and professional recruitment standards. Highlights to the updated OEWS data include the replacement of New England City and Town Areas (NECTAs) in New England states with MSAs and non-MSA areas, the aggregation of detailed SOC occupations into broader occupational groups for wage purposes, and the substitution of the closest matching occupation for certain occupations that do not have wage data available.

OLFC also announced that it would not be modifying Appendix A to the Preamble-Education and Training Categories by O*NET-SOC Occupations for the 2025-2026 wage year, though it has previously done so for the 2023-2024 and 2024-2025 wage years following the release of new OEWS prevailing wages.

The OWES prevailing wage changes are set to affect Labor Condition Applications (LCAs), Prevailing Wage Determinations, and PERM recruitment requirements. Starting July 1, 2025, employers must use the updated OEWS data when filing an LCA. However, employers can use already certified LCAs when filing H-1B, H-1B1, or E-3 petitions, even if the prevailing wage for the occupation increases after July 1. Further, if an employer obtained a PWD prior to the effective date of the updated OWES wage data, that employer can still rely on the PWD even if the prevailing wage for the occupation has since increased. Please note that after July 1, all pending requests for PWDs will be issued based on the data available on the date of issuance, even if the PWD was filed before July 1.

Overall, the new data shows a substantial increase in salary requirements, such as for Software Developers in certain in-demand areas. In Santa Clara County, California, Software Developers (SOC 15-1252), which had a mean of $199,805.00 in 2024 data, has now risen to $226,512.00 in the new release. All technology related positions see significant increases, as a further example, wage data for Computer Occupations, All Other (SOC 15-1299), which includes Computer Systems Engineers/Architects, Blockchain Engineers, and Information Technology Project Managers, etc., at its Level 4 Wage has risen from $201,323.00 in 2024, to $223,142.00 in 2025. The mean data for this group also increased from $167,294.00 to $181,709.00. We will pay close attention to the new OEWS data and advise clients accordingly.

August Visa Bulletin

The August Visa Bulletin has been released by the Department of State.  There are no changes from the July Visa Bulletin for employment-based categories for dates for filing, but there is some movement for Final action dates in EB-2 and EB-3 categories.  In the EB-2 category, there is no movement for China and India, but all other countries move from October 15, 2023, to September 1, 2023.  In the EB-3 Professionals and Skilled Workers Category and Other Workers Category, India advances from April 22, 2013, to May 22, 2013, while there is no movement in dates for any other countries.

CANADIAN BUSINESS IMMIGRATION UPDATES

New OINP Employer Portal Now Available

The Ontario Immigrant Nominee Program (OINP) has implemented significant changes to its Employer Job Offer streams. As of July 2, 2025, all applications under the Employer Job Offer streams, including Foreign Worker stream, International Student stream, and In-Demand Skills stream, must be submitted via the new Employer Portal. Under the new system, Employers would initiate the application process through a new Employer Portal, submitting job details to the OINP before a candidate can register an Expression of Interest (EOI).

Employers can now register new accounts in the Employer Portal. If you have employees whose EOIs were withdrawn prior to the system update, employers can now submit a job offer through the portal once a new account is created. The OINP has advised that new EOIs registered after July 2 will be valid for 12 months and eligible for future program draws.

Additionally, the OINP may now require in-person interviews for employers and foreign national applicants to address concerns related to the credibility and authenticity of certain applications. The OINP now also has the authority to return applications before a nomination is issued. These broader changes underscore a move towards increased scrutiny and enhanced integrity within the province’s nominee program.

If you are interested in learning about the new changes or want to know more about your eligibility to support employees in the OINP program, please contact your Brown Immigration attorney for further guidance.

Minimum Proof of Settlement Funds for Express Entry Updated

On July 7, 2025, Immigration, Refugees and Citizenship Canada (“IRCC”) updated its requirements for proof of settlement funds for certain Express Entry candidates. Applicants should confirm whether their Express Entry profiles need to be updated as profiles without sufficient funds will be removed from the Express Entry pool. If you have questions about how to calculate your family size, want additional guidance on how to update your profile, or want to know if the new requirements apply to your profile, please contact your Brown Immigration attorney.

Number of family members	Funds you need  (CAD)
1	$15,263
2	$19,001
3	$23,360
4	$28,362
5	$32,168
6	$36,280
7	$40,392
If more than 7 people, for each additional family member	$4,112

Recap on the Latest Express Entry Rounds of Invitation

Immigration, Refugees and Citizenship Canada (IRCC) issued new rounds of Express Entry invitations: 356 invitations to candidates in the Provincial Nominee Program on July 7 and 3,000 Invitations to candidates under the Canadian Experience Class (CEC) on July 8.

To be eligible for the July 7th draw, candidates needed a minimum Comprehensive Ranking System (CRS) score of 750. If more than one candidate had the lowest score, the candidate must have created their Express Entry profile before 04:09:09 UTC on March 19, 2025. To be eligible for the July 8th draw, candidates needed a minimum Comprehensive Ranking System (CRS) score of 518. If more than one candidate had the lowest score, the candidate must have created their Express Entry profile before 1:48:36 UTC on October 02, 2024.

We continue to see a pattern of more frequent CEC draws that were a regular feature throughout 2024 and earlier this year. So far in 2025, IRCC has issued a total of 41,115 ITAs through the Express Entry system. While the system has primarily focused on PNP candidates this year, the remaining ITAs have been allocated to CEC candidates, those with strong French language proficiency, and individuals in other Express Entry priority categories.

BC PNP Published Statistical Report for 2024

The British Columbia Provincial Nominee Program (BCPNP) recently published its Statistical Report for 2024. The report highlighted how the federal government’s reduced intake of permanent residents led BCPNP to indefinitely pause its plans for continued growth. The program began in 2024 expecting an allocation of 9,000 nominations from the federal government for the year but subsequently had that number reduced to 8,000. For 2025, B.C. requested 11,000 nominations but received only 4,000. For the year 2024, BCPNP fully used its allocation of 8,000 nominations.

In March 2024, the program announced changes to the program’s offerings for international students: the two existing options (the International Graduate and International Post-Graduate streams) would be winding down and closed around the end of 2024. The two established streams were intended to be replaced by three new student streams (Bachelor’s, Master’s, and Doctorate), but their introduction has been delayed by the reduced BC PNP allocation.

In 2024, BCPNP had an ITA conversion rate of 80.7% and an approval rate of 90.8% for its Skills Immigration programs. Technology occupations continue to have a significant share of the program’s Skills Immigration nominations. In 2024, technology nominees constituted about 16% of all Skills Immigration nominees, and 3 of the top 10 occupations nominated in 2024 were software engineers and designers, software developers and programmers, and computer and information systems managers. As a result of BCPNP’s shift in prioritization, the education, law and social/community/government services category became the largest group of Skills Immigration nominees among the major occupational categories for the first time, while the natural and applied sciences and related category became the second largest group.

In 2024, BCPNP’s Entrepreneur Immigration program reached a major milestone when the Regional Pilot became the permanent regional stream. 2024 saw the regional stream bringing 45 international entrepreneurs to participating communities around the province to start new businesses and help those communities meet their specific, targeted economic development needs.

The BC PNP continues to prioritize program integrity and anti-fraud measures, introducing new policies and processes to mitigate, detect, and deter fraud. By the end of 2024, the BC PNP’s Anti-Fraud and Investigations Unit had conducted more than 2,000 case reviews or investigations and had responded with appropriate actions when fraud or misrepresentation was detected. If you are interested in learning more about the BCPNP programs and your eligibility, please contact your Brown Immigration attorney.

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