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

DHS Publishes IFR Ending Automatic Extension for Timely Filed EADs 

Today, DHS published an interim final rule (IFR) eliminating the automatic 540-day extension for timely-filed EAD extensions for eligible categories under 8 CFR § 274a.13(d), effective immediately (starting October 30, 2025). We summarize the key points of the IFR below. 

• The rule does NOT affect automatic extensions for eligible I-765 applications filed with USCIS before October 30, 2025.  

• The rule is NOT expected to impact people currently relying on the 540-day extension based on a timely filed EAD renewal. 

• The rule eliminates the automatic extension for any EAD renewals (I-765 applications) filed on or after October 30, 2025, for all categories eligible for the 540-day extension. This includes the following categories, among others: 
  • H-4 nonimmigrants (C26);  
  • Spouse of principal E nonimmigrant (A17); 
  • Spouse of principal L-1 nonimmigrant (A18); 
  • Adjustment of Status pending (C9);  
  • Asylum application pending (C8); 
  • Withholding of Deportation or Removal Granted (A10);  
  • Cancelation of removal applicants (C10); and 
  • VAWA Self-Petitioners (C31).

• EAD renewals for STEM OPT extensions ((c)(3)(C)) do NOT appear to be impacted by this rule, as it is not a category eligible for a 540-day extension under 8 CFR § 274a.13(d). Timely filed STEM EAD renewals are instead eligible for an automatic extension of 180 days, and that allowance currently remains in place.  

With this change, it is important to file I-765 applications for EAD renewals in impacted categories as soon as possible – i.e., up to 180 days in advance of the current EAD expiration – to allow sufficient time for USCIS to process the renewal application before the current EAD expires. If the EAD renewal is not approved prior to the expiration of the current EAD, the individual may face a gap in work authorization. 

Updates on Proclamation Imposing $100k Fee for Certain H-1Bs

USCIS quietly updated its website on Oct. 20^th to include additional information on the Proclamation imposing a $100,000 fee for certain H-1Bs. One important clarification confirmed by this update is that the $100,000 fee will not apply to next year’s H-1B Cap petitions (i.e., lottery selections) filed as a change of status. See our Trending Topics page for the full update, including other important details on travel, exceptions, and more.

Keep in mind, this is still an evolving issue with a high likelihood of the $100,000 fee being blocked by litigation. Multiple lawsuits have already been filed, including:

• On October 3, 2025, a broad coalition of labor unions, health care providers, schools, religious organizations, and individual visa holders filed a lawsuit in the U.S. District Court for the Northern District of California (Global Nurse Force et al. v. Trump).
• On October 16, 2025, the U.S. Chamber of Commerce sued the Trump administration in the U.S. District Court for the District of Columbia.

Both lawsuits seek to prevent enforcement of the $100,000 fee and declare the Proclamation unlawful, arguing among other things that it exceeds executive authority and violates the Immigration and Nationality Act (INA) and Administrative Procedure Act (APA).

In addition, on October 21 2025, six bipartisan House members issued a letter to President Trump and the U.S. Secretary of Commerce emphasizing the economic and technological consequences of the proclamation and urging the administration to pursue a more reasonable bipartisan solution for highly-skilled immigration reform that that does not create significant challenges for U.S. employers and weaken U.S. competitiveness with the loss of foreign talent. These various challenges underscore the legal issues and practical implications of this rule, making it clear that the enforcement of the $100,000 fee is both unlawful and harmful to U.S. interests. For these reasons, we expect the Proclamation will ultimately be blocked by litigation. We are monitoring closely and will continue to update our Trending Topics page with any new information as the situation unfold

U.S. Supreme Court Refuses to Hear Case Challenging H-4 EAD

On October 14, 2025, the Supreme Court (SCOTUS) denied certiorari to review Save Jobs USA v. Department of Homeland Security, a case in which Petitioner Save Jobs USA sought to challenge the H-4 EAD program for spouses of H-1B visa holders who hold approved I-140s.

Save Jobs USA, an American tech workers organization, filed suit in the U.S. District Court for the District of Columbia against the Department of Homeland Security due to its 2015 rule that allowed certain H-4 visa holders with H-1B spouses holding approved I-140s to apply for employment authorization, arguing that DHS exceeded its statutory authority under the Immigration and Nationality Act by extending employment authorization for a visa class not explicitly authorized by Congress, and that the rule harmed American workers by increasing labor market competition.

However, in 2023, the U.S. District Court ruled that DHS did in fact have the statutory authority under the INA to authorize employment for noncitizens. This case was brought to the D.C. Circuit Court of Appeals, which upheld the District Court’s ruling. This denial of certiorari further confirms the lower courts’ rulings that the DHS acted within its statutory authority when promulgating the 2015 rule.

ICYMI: NPRM Proposes Shift to H-1B Lottery Process – Our Comment included!

The Department of Homeland Security (DHS) has published a rulemaking proposing a significant change in how H-1B registrations are selected in the annual cap lottery. The rule, titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions”, seeks to implement a weighted selection process that would favor the allocation of H-1B visas to higher paid workers. We summarize these potential changes and the estimated impact in our Trending Topic on the issue, along with our submitted comment in opposition to the proposed change. Briefly, a change of this type requires an Act of Congress and its important that standard legal principles are adhered to when any Administration seeks to change a law.

Immigration Parole Fee

On October 15, 2025, USCIS announced: “The Department of Homeland Security is publishing a Federal Register notice to implement a new immigration parole fee required by the H.R. 1 Reconciliation Bill. The fee is $1,000 for FY 2025 and is subject to annual adjustments for inflation. You must pay this fee when you are paroled into the United States, unless you qualify for an exception.”

The parole fee should not be submitted along with Form I-131, it will be collected when the individual is paroled into the United States. We paste a summarized version of the exceptions below; importantly, those applying for advance parole documents based on a pending adjustment of status application (I-485) are exempt from the fee when returning from international travel (exception 7):

• Returning adjustment applicant: Parole for an individual with a pending adjustment of status application returning from temporary travel abroad.
• Emergency medical parole: Parole for a medical emergency when treatment isn’t available abroad or it’s life-threatening with no time for visa processing.
• Accompanying parent or guardian: Parole for a parent or guardian of a minor needing emergency medical parole under exception (1).
• Organ/tissue donor: Parole for someone urgently needed in the U.S. to donate an organ or tissue, with no time for visa processing.
• Visiting dying family member: Parole to see a close family member before death when visa processing would be too slow.
• Attending funeral: Parole to attend a close family member’s funeral when visa processing would cause the person to miss it.
• Adopted child with urgent medical needs: Parole for an adopted child with a serious medical condition needing treatment before a final adoption visa.
• Returnee for immigration hearing: Parole for someone sent to a bordering country under INA 235(b)(2)(C), now returning for their U.S. immigration hearing.
• Cuban or Haitian entrant: Parole for someone granted Cuban or Haitian entrant status under U.S. law.
• Law enforcement assistance: Parole for someone assisting U.S. law enforcement, whose presence is required and can’t be admitted in time through normal channels.

We will continue to monitor the implementation of this rule.

UPDATE: Visa Bond Pilot Program for Visitor Visa Applicants

In our August Newsletter, we reported on the Department of State’s (DOS) Temporary Final Rule (TFR) announcing 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.

When it went into effect on August 20, 2025, nationals of Malawi and Zambia were subject to the program. However, DOS recently announced that nationals of the following countries have also become subject to the program in October (with implementation dates in parentheses):

• Mali (October 23, 2025)
• Mauritania (October 23, 2025)
• Republic of The Gambia (October 11, 2025)
• Sao Tome and Principe (October 23, 2025)
• Tanzania (October 23, 2025)

As mentioned in August, the program requires applicants from these countries to post a $5,000, $10,000, or $15,000 bond, as determined at the time of their visa interview. Those required to pay the bond must post it via the Department of Treasury’s online payment platform www.pay.gov and submit an ICE Form I-352 agreeing to the terms of the bond. Required applicants must also enter/depart the US through one of three designated POEs: Boston Logan International Airport, John F. Kennedy International Airport, or Washington Dulles International Airport. More information about this program can be found on DOS’s website.

USCIS to Accept Initial DACA Applications After 4-Year Freeze per Court Filing

After a lengthy legal battle, DHS has recently stated in a filing to the court that it plans to resume processing of initial DACA applications for the first time since 2021. DACA was first implemented in 2012 under the Obama administration to allow certain individuals brought to the United States as children to receive deferred action from deportation and eligibility for work authorization. The program has faced ongoing litigation for many years. In January 2025, after a Fifth Circuit panel declared a 2021 injunction against DACA unlawful. However, it stayed (delayed) implementation of its judgment and narrowed the injunction so that it only blocked new benefits in Texas. Thus, outside Texas, new applications had faced barriers mostly because of the prior nationwide injunction, not a blanket prohibition from the circuit ruling itself.

As it stands, DOJ attorneys laid out the proposal before U.S. District Judge Andrew S. Hanen as part of the ongoing Texas lawsuit. It would allow U.S. Citizenship and Immigration Services to take new and renewal applications for DACA across the country. It should be noted that DACA could be subject to future lawful changes, but the resumption of initial DACA application processing is a welcome change for the foreseeable future. We will continue to monitor.

District Court Issues Ruling Confirming International Students’ Constitutional Right to Free Speech

On September 30, 2025, U.S. District Judge William Young issued a decision in the case of AAUP vs. Rubio, ruling that foreign students have the same free speech protections under the First Amendment to the U.S Constitution that American Citizens enjoy.  In the ruling, Judge Young found that “Secretaries Noem and Rubio and their several agents and subordinates acted in concert to misuse the sweeping powers of their respective offices to target noncitizen pro-Palestinians for deportation primarily on account of their First Amendment protected political speech…intentionally denying such individuals (including the plaintiffs here) the freedom of speech that is their right. Moreover, the effect of these targeted deportation proceedings continues unconstitutionally to chill freedom of speech to this day.” Having established that the Administration’s acts violated the U.S. Constitution, the court will next consider the question of an appropriate remedy in the weeks to come. The decision rendered by Judge Young presents a strong defense for the Free Speech rights of non-citizens in the United States, but it is expected that the administration will appeal the ruling to higher courts. We will continue to follow this case.

Reminder: New $250 Visa Integrity Fee Effective October 1, 2025

As part of the “One Big Beautiful Bill Act (OBBBA)” signed into law by the Trump Administration on July 4, 2025, a new “Visa Integrity Fee” was levied on nonimmigrant visas. 

According to the language of the statute, the minimum for the integrity fee is $250. Based on this new legislation, applicants for nonimmigrant visa categories, including foreign tourists, business travelers, temporary workers, and students should be aware of an additional $250 fee that will be imposed on the issuance of their visa applications for visas issued on or after October 1, 2025.  The Visa Integrity fee will not apply to visitors from countries designated under the Visa Waiver Program (https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html). Canadian citizens, who are exempt from the visa requirement, are also exempt from this fee when entering for business, leisure, or transit; but entries for work related visas are subject. If you have questions regarding whether the Visa Integrity Fee is applicable to you, please consult your BIL attorney.

The OBBBA also includes a general provision to the effect that visa holders may be reimbursed after the expiration of their visa’s period of validity, so long as they have complied with the conditions and restrictions of the visa for the duration of their stay in the U.S., but it does not detail a mechanism for processing the reimbursement. 

We will continue to monitor ongoing developments pertaining to the Visa Integrity Fee and reimbursement process and provide an update once the government issues clear guidance on the implementation and enforcement of these new measures.

E-Verify Resumes Operations

After a brief period of unavailability due to the ongoing government shutdown, E-Verify, the program used by participating employers to verify employment eligibility in the United States, is back online. Employers should resume using E-Verify immediately and review the new, tight deadlines and instructions announced for filing of cases affected by the temporary suspension.

Brown Immigration Law will continue to monitor developments on the ongoing government shutdown and publish updates on our Trending Topics webpage as additional information becomes available.

‘Biometric Exit’ Expands Across U.S. Airports

A U.S. Customs and Border Protection interim final rule to set up a comprehensive biometric collection system, including use of facial recognition technology, has been approved by the Office of Management and Budget.

Current regulations allow the U.S. Department of Homeland Security to gather biometrics limited to certain travelers and at specific locations. The forthcoming rule would allow the agency to require photographs of all visitors upon entry and departure.

Note that U.S. citizens can opt out and request to be verified manually by showing their passport to the CBP officers or gate agents at the gate and undergoing a visual facial comparison.

November Visa Bulletin

The November Visa Bulletin was published last week, containing no movement (same dates as October). Notably, USCIS will continue to accept AOS applications filed with Priority Dates (PD) current under Dates for Filing chart for November 2025.

CANADA BUSINESS IMMIGRATION UPDATES

IRCC Prioritizes Healthcare Professionals in Latest Express Entry Draw

Immigration, Refugees and Citizenship Canada (IRCC) continues its focus on addressing labor shortages in critical sectors, issuing 2,500 Invitations to Apply (ITAs) in the latest Express Entry draw dedicated to the Healthcare and social services category. To secure an invitation in this draw, candidates needed a minimum Comprehensive Ranking System (CRS) score of 472. This signals IRCC’s ongoing commitment to attracting skilled healthcare talent, which is evident as this draw ties for the second-largest healthcare-specific draw of the year. This targeted approach has been highly effective, with healthcare professionals receiving a total of 9,792 ITAs across five draws this year, marking the third-highest total for any category under the Express Entry system.

This recent healthcare draw is the fourth Express Entry draw in October alone, demonstrating IRCC’s rapid pace of invitation rounds. It follows a Provincial Nominee Program (PNP) draw, a French category-based draw, and a Canadian Experience Class (CEC) draw held earlier in the month. Overall in 2025, IRCC has issued a significant 73,183 ITAs, utilizing a diverse array of targeted draws. While PNP draws lead in frequency with 19 rounds, the largest volumes of invitations have been dedicated to candidates with French-language proficiency (30,000 ITAs) and those in the CEC program (21,850 ITAs). The continued scheduling of category-based rounds like this one underscores IRCC’s strategic effort to fill specific labor market needs across Canada.

Expanded Low-Wage LMIA Processing Freeze in Canadian Cities

The federal government has significantly expanded the list of Canadian Census Metropolitan Areas (CMAs) where it will not process low-wage Labour Market Impact Assessments (LMIAs) under the Temporary Foreign Worker Program (TFWP). Effective October 10, the total number of ineligible CMAs has increased from 26 to 32, in line with the policy announced in August 2024 to freeze processing in regions with an unemployment rate of 6% or higher. This freeze directly impacts employers seeking to hire temporary foreign workers for low-wage positions in these areas until the list is updated on January 8, 2026. This quarterly list ensures employers and prospective low-wage foreign workers are aware of the regions where low-wage LMIA applications will be paused.

The new list includes seven CMAs that were added to the freeze starting October 10, bringing the total number of regions where low-wage LMIAs are ineligible to 32. The added regions are: Guelph, Ontario; Greater Sudbury, Ontario; Winnipeg, Manitoba; Regina, Saskatchewan; Lethbridge, Alberta; Red Deer, Alberta; and Kelowna, British Columbia. Conversely, the region of Peterborough, Ontario, was removed from the list, meaning low-wage LMIA applications from that area will now be processed. The full list of ineligible CMAs, which includes major urban centers like Toronto (9.5% unemployment), Vancouver (6.8%), and Montréal (6.7%), reflects widespread elevated unemployment across Canada.

For both employers and foreign nationals, the new restrictions necessitate a shift in strategy. Employers in an affected CMA must either increase the offered wage to meet the criteria for the high-wage TFWP stream (at or above the provincial/territorial median hourly wage) or wait for the next quarterly list update in January 2026. Foreign nationals seeking low-wage work permits should focus their job search on regions not on the ineligible list, or on specific exempt occupations. Exemptions to the LMIA freeze include primary agriculture, construction, food manufacturing, hospitals, nursing and residential care facilities, specific in-home caregiver positions, positions supporting permanent residency, and short-duration work (120 days or less) that meets specific criteria. Foreign workers whose work permits cannot be extended due to the freeze must stop working and may apply for a visitor record to remain legally in Canada.

Amendments Propose Stricter Criteria for Citizenship by Descent

The ongoing legislative process for Bill C-3, An Act to Amend the Citizenship Act, proposes significant and potentially restrictive changes to citizenship by descent for children born or adopted after the new law takes effect. The most recent amendments tighten the criteria beyond the first generation, introducing a new, stricter form of the “substantial connection to Canada test.” Under the proposed changes, a child born abroad to, or adopted by, a Canadian citizen by descent will only acquire citizenship if their Canadian parent has accumulated at least three years of physical presence in Canada during any five-year period prior to the child’s birth or adoption. This narrows the scope from the earlier version of the bill, which did not confine the three-year residency requirement to a specific five-year window, meaning fewer children of Canadians living abroad will automatically qualify for citizenship.

In a further move to limit and scrutinize second-generation citizenship, the latest amendments introduce entirely new restrictions that were absent from the previous version of Bill C-3. Individuals aged 18 or older when applying for proof of citizenship must now undergo a security assessment related to national security, human rights, criminality, and economic sanctions, even if their parent met the physical presence requirement. Furthermore, applicants aged 18 to 55 must demonstrate adequate knowledge of English or French and an understanding of Canada, its culture, and the rights and responsibilities of citizenship. These measures—which are designed to replace the “first-generation limit” (FGL) ruled unconstitutional in 2023—aim to create a narrower version of the FGL while ensuring that only individuals with a strong, verifiable link to Canada are granted citizenship by descent. Meanwhile, the bill did not include a controversial amendment proposed by a Conservative MP to abolish Canada’s current birthright citizenship, meaning children born on Canadian soil will continue to automatically acquire citizenship regardless of their parents’ status.

To become law, bill C-3 must pass votes in its third readings in both houses of Parliament and receive royal assent.

NEW LEARNING OPPORTUNITIES

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.

Thinking North: Canadian Immigration Options After the H-1B Cap

With the FY27 H-1B cap season approaching, many employers are preparing for the reality that not all talent will be selected in the lottery. This webinar will focus on key contingency strategies, including how Canadian immigration options can provide timely solutions for employees who are unable to continue in the U.S. 

Essential Insights for the FY 27 H-1B Lottery and Cap Season

A new year means a new H-1B lottery season is just around the corner! We want to make sure you’re fully prepared to navigate the FY 27 H-1B cap season with confidence. This webinar will answer all your key questions about the H-1B Cap lottery so you know exactly what to expect.