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: President Trump Signs a Proclamation Adding a $100,000.00 Fee to new H-1Bs

From our Trending Topics page (please visit there for the full story): Early Saturday (09/20/2025), we published an alert about the Presidential Proclamation restricting H-1B entry (“PP”) without the payment of a $100,000.00 fee. The PP states that H-1Bs entering the U.S. after 12:01 a.m. EDT Sunday September 21, 2025 would be required to pay the fee, as would Petitions that were filed and pending for individuals out of the U.S.

Subsequently, White House Press Secretary Karoline Leavitt published an update on X to clarify the PP’s application. While her post contradicted the clear language of the PP, it was later partially confirmed by USCIS Director Edlow in a memorandum. Since then other government publications have confirmed the PP only applies to prospective petitions, ones that have not yet been filed, meaning that the fee will not be applied to existing holders of valid visas re-entering the country or to pending H-1B cases already filed.

This is a rapidly evolving situation, but we are making every effort to keep clients updated on the latest developments. Please visit our Trending Topics page for more information and enter your email at the bottom of any page of our website to receive breaking news alerts, if not already subscribed. You can also view our webinar recording (1 hour, presented live Sept 23rd) or tune into our podcast episode on this issue (15 min, recorded Sept. 22nd) to learn more. Note that our webinar and podcast content on this topic is still current as of today, but the situation is still evolving and likely to change over time. We are still waiting for updates on litigation and in relation to the national interest exemption. Please continue to visit our Trending Topics page for the latest information we can substantiate, as the situation unfolds.

Government Shutdown Looms

Various reports have confirmed a potential government shutdown if Congress fails to pass a budget or short-term spending resolution. Democrat and Republican lawmakers are currently in gridlock, which may cause the government to shut down if a deal is not reached by 12:00 a.m. on October 1, 2025. Please follow our Trending Topic on the issue for the latest updates and information.

Generally, government shutdowns can halt work in many agencies and lead to general delays and a lack of responsiveness as many government employees will be asked not to appear for work. Typically, there are contingency plans in place for essential services, and many agencies have reserve funding; however, the overall impact can vary depending on the agency and the services it provides.

From an immigration perspective, looking specifically at the impact on business immigration, we are primarily concerned with operations of USCIS, the Department of State (embassies and consulates), Customs and Border Protection (CBP), and the Department of Labor (DOL), in terms of potential disruptions or delays for our clients. We summarize the anticipated impact across these agencies below and how it might impact our clients below.

Potential impact of government shutdown on immigration-related agencies:

• USCIS: We typically expect USCIS to continue to operate during a government shutdown because it is a fee-funded agency that does not wholly rely on government funding, though it may reduce staffing causing overall delays. In other words, while USCIS will likely continue to receive filings in the event of a shutdown, we may experience longer processing times for cases to be adjudicated.
• Embassies & Consulates (DOS): The Department of State relies partially on revenue from visa applications and related fees and typically continues essential services; however, non-emergency services have been suspended during shutdowns previously. This may affect the availability of consular appointments and visa processing services.
• Customs and Border Protection (CBP): Ports of entry into the U.S. will remain open, though there is a possibility that border applications will be impacted.
• Dept. of Labor (DOL): The Department of Labor has faced the greatest impact during shutdowns, including a halt on Labor Condition Applications (LCAs), Prevailing Wage Determinations (PWDs), and Labor Certifications (PERMs). During previous shutdowns, the processing of these applications as well as the ability to file has been paused, which can be disruptive to many processes and cause longer-term delays with the agency already facing historic backlogs.

Given the potential impact on various agencies as described above, we will make every effort to file cases as quickly as possible before a potential shutdown, with DOL filings being a top priority, though it is still possible that a shutdown will be avoided.

We are monitoring this situation closely and prioritizing work accordingly. We will update this post with any new information and communicate directly with clients on any potential impacts or proactive steps to be taken in advance.

USCIS Shares Proposed Rule Introducing Weighted Cap Selection Process

The Department of Homeland Security has proposed a major change to the H-1B visa lottery process that would favor higher skilled and higher paid workers. Under the new rule, titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions”, lottery entries would be weighted based on the wage level of the job offered, ranging from one entry for Level 1 registrations to four entries for Level 4 registrations.

This represents a shift from the current system, where each unique beneficiary has an equal chance of selection regardless of wage level or number of employer registrations. Importantly, each beneficiary will still be entered only once in the lottery, using the lowest wage level among all their registrations. Public comments on the proposed rule are due by October 24, 2025, with form-related comments accepted through November 24, 2025.

If finalized, the rule could take effect before the FY 2027 H-1B cap season, though legal challenges may delay implementation. For more information, please review our Trending Topic page here, which includes instructions for submitting a comment on the proposed rule

Department of Labor Announces Project Firewall

The Department of Labor recently launched Project Firewall. As stated in the DOL press release, this is an H-1B visa enforcement initiative aimed at protecting American workers by ensuring employers prioritize hiring qualified U.S. citizens and are held accountable for any misuse of the program. For the first time, the Secretary of Labor will personally certify investigations into suspected violations, working alongside other federal agencies to root out fraud, enforce compliance, and uphold worker protections.

Given this threat of increase audits and investigations, we recommend registering for our upcoming webinar on October 2, 2025 titled: “Bulletproof Your Compliance – I-9 and Workplace Compliance Updates” to walk through best practices and tips from a compliance perspective. Register here.

We recognize that there are bad actors who do bench H-1Bs and that programs that are aimed at abuse make sense. We are concerned given the language of the release that this program will attempt to affect change to legal hiring decisions. We will continue to monitor and report on the roll out of this program.

President Trump’s “Gold Card” Executive Order

On September 19, President Trump signed an executive order to announce the Gold Card, a visa program it claims will realign federal immigration policy with the country’s economic interests by prioritizing the admission of immigrants who make significant financial gifts.

Overseen by the Secretary of Commerce, the Gold Card program will facilitate the expedited adjudication and entry of immigrants “who have demonstrated their ability and desire to advance the interests of the United States by voluntarily providing a significant financial gift to the Nation.” The requisite gift amount shall be $1 million for an individual donating on his or her own behalf (Trump Gold Card) and $2 million for a corporation or similar entity donating on behalf of an individual (Trump Corporate Gold Card). The $2 million gift will allow businesses to transfer access from one employee and grant it to a different employee. Furthermore, this voluntary and significant financial gift shall be treated as evidence of extraordinary ability under EB-1 preference category, exceptional business ability and national benefit under EB-2 preference category, and national interest waiver under the EB-2 preference category. The revamped TrumpCard.gov website also invites applicants to join the waiting list for a new albeit unreleased $5 million Trump Platinum Card, which would grant “the ability to spend up to 270 days in the United States without being subject to U.S. taxes on non-U.S. income.”

Important notes:

• Earlier in 2025, the Administration, specifically Commerce Secretary Howard Lutnick, indicated that the Gold Card would replace the EB-5 program, which offers a path to permanent residency through an investment of between $800,000 and $1 million in an infrastructure project or U.S. commercial enterprise, and a promise to “create or preserve 10 permanent full-time jobs for qualified U.S. workers.” HOWEVER, the Gold Card program would instead supplement additional pathways to permanent residency through the EB-1 and EB-2 classifications.
• The Gold Card program will be run by the Department of Commerce. HOWEVER, it is the Department of Homeland Security, which traditionally administers the immigration system of the United States. Additionally, while the Immigration and Nationality Act (INA), Homeland Security Act (HSA), and other laws grant substantial discretion over immigration policy to the executive branch, Congress has absolute power over immigration law. As such, before the Trump Gold Card visas can become an actionable reality, Congress would need to initiate legislation for changes to immigration and tax laws.

Although the TrumpCard.gov website is inviting applications under the Gold Card program, the Secretary of Commerce, the Secretary of State, and the Secretary of Homeland Security have until December 18, 2025 to implement the Gold Card program and develop the necessary administrative procedures.

ICYMI: Visa Integrity Fee Starting 10/1/2025

As we previously reported in July, beginning October 1, 2025, a new $250 visa integrity fee will apply to most nonimmigrant visas at the time of issuance. Details on how the Department of State or Department of Homeland Security will implement the fee remain unclear, but we will continue to monitor for updates.

Healthcare Workforce Resilience Act Reintroduced in Congress

The Healthcare Workforce Resilience Act (HWRA) (H.R. 5283 /S. 2759) has been reintroduced with bipartisan support in both chambers of Congress. The HWRA would recapture 25,000 previously unused immigrant visas for qualified international nurses, offering an immediate response to the U.S. nursing shortage without increasing visa caps or displacing U.S. workers. We will continue to monitor its progress closely.

Proposed Rule to Limit Admission and Extension Periods for F, J, and I Nonimmigrants

On August 28, the U.S. Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register titled, “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media” which proposes to admit nonimmigrants in the F (academic student), J (exchange visitor researchers, professors, interns, trainees, etc.), and I (foreign media representatives) categories for a fixed period of time instead of duration of status. DHS reasons that the changes will improve oversight, program integrity, and national security, but U.S. academic institutions can be expected to suffer increased compliance costs and burden of declining enrollment.

For background, unlike most nonimmigrant classifications, which are admitted for a fixed period of time, those in the F, J, and I classifications, with limited exceptions, are currently admitted into the United States for the period of time that they are complying with the terms and conditions of their nonimmigrant classification (i.e., duration of status or D/S). With this NPRM, DHS proposes to replace the D/S framework for F and J nonimmigrants with an admission and extension period up to their program length, not to exceed a 4-year period. Nonimmigrants who would like to stay in the United States beyond their fixed date of admission would need to apply directly to DHS for an extension of stay (EOS) and undergo collection of biometrics and other information for screening and vetting.

DHS anticipates that many F, J, and I nonimmigrants would be able to complete their activities within this limited period of admission. However, those who could not, generally would be able to request an extension to their period of admission from an immigration officer, provided that delays are not caused by academic probation or suspension or a student’s repeated inability or unwillingness to complete their course of study and the like.

Additionally, the NPRM proposes limiting the grace period for F-1 students, which allows them to prepare to depart from the United States after completion of a course of study or authorized period of post-completion practical training, from 60 to 30 days.

DHS is currently accepting public comments on the proposed rule until 11:59 PM EDT Sept. 29, 2025. Following the public comment period, DHS will review all properly submitted comments and materials and may revise the rule based on public feedback. Visit our website for more information on the proposed rule.

Multiple Changes Impacting Eligibility and Review of Naturalization Applications

U.S. Citizenship and Immigration Services (USCIS) has announced implementation of the 2025 version of the naturalization civics test. The revised test is purportedly part of a broader agency initiative to enhance the “integrity” of the naturalization process and reinforce eligibility standards. In addition to the updated test, USCIS has reaffirmed its authority to conduct neighborhood investigations and has increased scrutiny of disability exceptions to English and civics requirements. According to USCIS, “The 2025 Naturalization Civics Test is an oral test consisting of 20 questions from the list of 128 civics test questions. You must answer 12 questions correctly to pass the 2025 Naturalization Civics Test. You will fail the test if you answer 9 of the 20 questions incorrectly. Officers will stop asking questions when an alien answers 12 questions correctly, or 9 questions incorrectly.”

Importantly, USCIS has also revised its guidance on how officers assess good moral character for naturalization applicants (N-400). The updated policy places greater emphasis on positive contributions to society, not merely the absence of criminal conduct.

These developments reflect a significant tightening of naturalization requirements. We encourage clients with pending or future naturalization applications to consult with counsel regarding potential impacts.

Hyundai ICE Raid

U.S. Immigration and Customs Enforcement (ICE) arrested 475 people in a raid on a Hyundai electric vehicle plant near Savannah, Georgia, operated in partnership with South Korea’s LG Energy Solutions. The raid, prompted by a tip about four Latino men, caught ICE off guard due to the large number of Korean nationals on-site, none of whom they had a translator for.

ICE called it “the largest single-site enforcement operation in the history of Homeland Security Investigations.” Most detainees were Korean nationals in the U.S. on visitor visas or through the visa waiver program. South Korea expressed “concerns and regret” over the detentions. Held at an ICE facility in Folkston, Georgia, the Korean nationals were eventually repatriated following tense negotiations with the Trump administration. Though workers were offered to stay and finish their contracts, only one accepted.

Hyundai CEO José Muñoz said the raid has delayed the project by 2–3 months. Meanwhile, LG has suspended 22 other U.S. projects, worth over $101 billion, pending resolution.

Department of State Updates Require Nonimmigrant and Immigrant Visa Applications to be made in Applicant’s Home Country or Country of Residence

As explained in our recent Breaking News Alert, the Department of State updated its instructions for all nonimmigrant visa applicants to instruct that effective immediately, applicants should schedule their visa interview appointments at a U.S Embassy or Consulate in their home country or country of residence.  For nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations, the DOS provided a list of designated locations for processing based on the applicant’s nationality, accessible here. While the updated guidance from the DOS notes that existing nonimmigrant visa appointments will generally not be cancelled, applicants should watch for any communications from the embassy or consulate concerning their scheduled appointment.

Additionally, the DOS published updated guidance pertaining to immigrant visa processes, requiring applicants to interview in the consular district designated for their place of residence, or in their country of nationality if requested.  According to the DOS website, the new requirements for immigrant visas will go into effect on November 1, 2025.

We will continue to monitor this issue and provide updates concerning any new developments.  For any questions regarding how the updated policies may impact a specific case or situation, please contact your BIL attorney directly.

Case Update: Noem v. Vasquez

On September 8, 2025, the U.S. Supreme Court of the United States (SCOTUS) voted 6-3 to lift a temporary injunction on certain immigration stops in Los Angeles, California via its shadow docket. This ruling, which was granted on the government’s emergency request and featured no oral arguments, briefings, or public notice, overturns the temporary injunction issued by U.S. District Court for the Central District of California that prevented ICE from detaining individuals based on the their apparent race and ethnicity; their use of Spanish or accented English; their presence at certain locations; or their occupation.

Importantly, this ruling overturns the U.S. District Court for the Central District of California’s temporary injunction (which was upheld by the Court of Appeals) that blocked ICE agents from profiling individuals as a justification to perform stops following the mass raids conducted by federal immigration agents in Los Angeles this summer.

In Justice Kavanaugh’s concurring opinion, he states that while ethnicity “alone” cannot justify a stop, it may still be used as a “relevant factor” alongside language, accent, type of job held, and location the person is in. The original injunction was granted because masked, unidentified armed ICE officers were involved in multiple instances of detaining U.S. citizens by force, then demanding proof of proper documents to establish citizenship or legal status without a reasonable suspicion the individuals detained were undocumented. The ICE activity that was enjoined failed to adhere to decades of policy that was determined to be constitutional. In her dissent, Justice Sotomayor wrote: “We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job.  Rather than stand idly by while our constitutional freedoms are lost, I dissent”. 

Please note that SCOTUS’s decision to lift the temporary injunction is not a final ruling on the merits. However, with this ruling, we remind all clients, or individuals who speak with an accent or who look foreign and like to speak in a language other than English, to carry evidence of your U.S. citizenship or lawful immigration status wherever possible, especially if in a city with significant ICE or National Guard presence. With this decision, the Supreme Court has lowered the bar for an officer’s “reasonable suspicion”  to its lowest level ever, so you should be prepared in the event an officer was to approach you. If you have questions about what documents to carry, please reach out to your BIL attorney.

We will continue to monitor this case as it moves through the court system and will keep you informed. Our Managing Partner, David Brown, covered this case on his podcast, I’ll Call You From The Car, available on Spotify and Apple Podcasts.

October Visa Bulletin

The October Visa Bulletin was published last week, and we are seeing progress across the board. Importantly, USCIS will be accepting AOS (green card; I-485) applications filed with Priority Dates (PD) current under Dates for Filing chart, which permits many more to file their adjustment applications during the month of October given the movement.

Changes summarized as follows (green for progress):

Final Action Dates

Categories	All other countries	China	India	Mexico	Philippines
1st	C	Dec. 22, 2022 37 days	Feb. 15, 2022 No change	C	C
2nd	Dec. 1, 2023 91 days	Apr. 1, 2021 121 days	Apr. 1, 2013 90 days	Dec. 1, 2023 91 days	Dec. 1, 2023 91 days
3rd	Apr. 1, 2023 No change	Mar. 1, 2021 90 days	Aug. 22, 2013 92 days	Apr. 1, 2023 No change	Apr. 1, 2023 52 days
Other Workers	Jul. 15, 2021 7 days	Dec. 1, 2017 214 days	Aug. 22, 2013 92 days	Jul. 15, 2021 7 days	Jul. 15, 2021 7 days

Dates for Filing

Categories	All other countries	China	India	Mexico	Philippines
1st	C	May. 15, 2023 134 days	Apr. 15, 2023 365 days	C	C
2nd	Jul. 15, 2024 242 days	Dec. 1, 2021 334 days	Dec. 1, 2013 303 days	Jul. 15, 2024 242 days	Jul. 15, 2024 242 days
3rd	Jul. 1, 2023 61 days	Jan. 1, 2022 374 days	Aug. 15, 2014 433 days	Jul. 1, 2023 61 days	Jul. 1, 2023 61 days
Other Workers	Dec. 1, 2021 131 days	Oct. 1, 2018 303 days	Aug. 15, 2014 433 days	Dec. 1, 2021 131 days	Dec. 1, 2021 131 days

CANADIAN BUSINESS IMMIGRATION UPDATES

Canada holds first Express Entry draw for trade occupations in 2025

On September 18, 2025, Immigration, Refugees and Citizenship Canada (IRCC) conducted its first Express Entry draw for trade occupations of the year. The draw issued 1,250 Invitations to Apply (ITAs) to candidates with a minimum Comprehensive Ranking System (CRS) score of 505. This score is significantly higher than the 433 CRS cut-off score from the last trade occupations draw on October 23, 2024. The substantial time gap between draws is a key reason for the increase in the CRS score, as it allowed a larger number of candidates to accumulate in the Express Entry pool, making the selection more competitive.

This draw for trade occupations is the sixth Express Entry draw in September 2025. It follows draws for healthcare occupations on September 17, a Provincial Nominee Program (PNP) on September 15, and a French-language draw on September 4. So far in 2025, IRCC has issued 61,047 ITAs through the Express Entry system. A recently released Access to Information and Privacy (ATIP) document indicates that IRCC plans to issue a total of 3,300 ITAs to candidates in the trade category in the second half of 2025. This means that after the September 18 draw, there are 2,050 additional ITAs expected to be issued for trade occupations before the end of the year.

Express Entry is an online system used by the Canadian government to manage immigration applications from skilled workers. It is a points-based system that uses the Comprehensive Ranking System (CRS) to rank candidates in the Express Entry pool. Candidates with the highest CRS scores are invited to apply for permanent residence in Canada. An Invitation to Apply (ITA) is a formal invitation issued by IRCC to a candidate in the Express Entry pool, inviting them to submit a complete application for permanent residency. Receiving an ITA is a crucial step toward becoming a permanent resident of Canada.

Is it Possible to lose my Permanent Resident Status in Canada?

Although permanent residents (PRs) in Canada enjoy significant rights and protections, their status isn’t guaranteed forever. There are several ways a person can lose their PR status, some of which are negative and others that are part of a positive progression.

One of the most common reasons for losing PR status is failing to meet the residency obligations. To maintain their status, a PR must be physically present in Canada for at least 730 days within any five-year period. This doesn’t have to be continuous. In certain circumstances, time spent abroad can count toward this requirement, such as when a PR is working full-time for a Canadian company or government body, or traveling with a spouse who is doing so. For this reason, Immigration, Refugees and Citizenship Canada (IRCC) recommends keeping a travel journal to meticulously track all dates and reasons for travel outside of the country.

Grounds for Inadmissibility

Permanent residents can also lose their status if they are deemed inadmissible to Canada. This can happen for various reasons, with two of the most serious being criminality and misrepresentation. A person may be considered criminally inadmissible if they are convicted of a serious offense in Canada or abroad, such as one that carries a maximum sentence of 10 years or more under Canadian law. Misrepresentation, which involves providing false information or documents on an application, is also taken very seriously and can lead to financial penalties, a re-entry ban, and removal from the country.

Transitioning to Canadian Citizenship

On a more positive note, a permanent resident can also “lose” their status by becoming a Canadian citizen.  This is not a loss but a significant achievement that transitions them to a status with even greater rights and freedoms. Once a person becomes a citizen, they are no longer subject to the residency obligations that apply to PRs and cannot be deported (unless they are a dual citizen). They also gain the right to vote, hold public office, and access all employment opportunities. Most importantly, Canadian citizenship provides the right to a Canadian passport, which offers extensive visa-free travel and provides consular protection abroad. This transition marks the culmination of the immigration journey from a temporary resident to a permanent one and finally to a full-fledged citizen with all the benefits and responsibilities that come with it.

NEW LEARNING OPPORTUNITIES

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.

Business Immigration Playbook for Startups and Growing Companies | In-Person and Virtual

Join David Zaritzky Brown, Founder and Managing Partner of Brown Immigration Law, for a focused lunch and learn on the key immigration strategies every startup and growing business should know.

Immigration for Founders and First Hires – SF TechWeek

Join us in person in San Francisco during SF Tech Week for a special lunch and learn with David Zaritzky Brown, Founder and Managing Partner of Brown Immigration Law. David will walk through the key visa classifications that new and growing startups commonly use to build and support their teams.

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.