FGI FIVE: U.S. Immigration News Summary – Week of July 18, 2025
Department of State releases Visa Bulletin for August 2025: EB-2 retrogression for all countries except China and India
On July 14, 2025, the U.S. Department of State (DOS) issued its monthly Visa Bulletin for August 2025. The USCIS confirms it will be accepting adjustment of status applications based on the Final Action Dates chart:
- EB-1 China: Final Action Date remains at November 15, 2022.
- EB-1 India: Final Action Date remains at February 15, 2022.
- EB-1 All other countries: Final Action Dates remain current.
- EB-2 China: Final Action Date remains at December 15, 2020.
- EB-2 India: Final Action Date for India remains at January 1, 2013.
- EB-2 All Other Countries: Final Action Dates retrogress six weeks to September 1, 2023.
- EB-3 China: Final Action Date remains at December 1, 2020.
- EB-3 India: Final Action Date advances one month to May 22, 2013.
- EB-3 All Other Countries: Final Act Dates remain the same in August.
- EB-5 Unreserved China: Final Action Date advances 23 months to December 8, 2015.
- EB-5 Unreserved India: Final Action Date advances six months to November 15, 2019.
- EB-5 Unreserved All Other Countries: Final Action Dates remain current.
EB-2 Annual Limit: The August 2025 Visa Bulletin states that it is likely the EB-2 annual limit will be met sometime in August, if not sooner. Once the agency reaches the annual limit, it would immediately make the preference category “unavailable” and no additional adjustment of status or immigrant visa applications could be approved in the category through September 30.
EB-3 Annual Limit: DOS states that it will be necessary to either retrogress the EB-3 final action dates or make these categories “unavailable” in September, if not earlier, based on usage.
Final Action Dates Chart – August 2025
Dates for Filing Chart – August 2025
SOURCE: U.S. Department of State, Visa Bulletin for August 2025: travel.state.gov/content/dam/visas/Bulletins/visabulletin_August2025.pdf
USCIS reaches Fiscal Year 2026 H-1B Cap
- On July 18, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2026.
- USCIS will continue to accept and process petitions that are otherwise exempt from the cap.
- Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2026 H-1B cap.
- USCIS will continue to accept and process petitions filed to:
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- Extend the amount of time a current H-1B worker may remain in the United States;
- Change the terms of employment for current H-1B workers;
- Allow current H-1B workers to change employers; and
- Allow current H-1B workers to work concurrently in additional H-1B positions
SOURCE: www.uscis.gov/newsroom/alerts/uscis-reaches-fiscal-year-2026-h-1b-cap
Joseph Edlow confirmed as USCIS Director
- On July 15, 2025, the US Senate voted to confirm Joseph Edlow as director of US Citizenship and Immigration Services.
- Edlow served as acting director in the final year of Trump’s first administration. During Edlow’s first time at USCIS, the agency ratcheted up administrative hurdles that slowed approval of benefits.
- During his confirmation hearing in May 2025, Edlow affirmed that “at its core, USCIS must be an immigration enforcement agency.” Edlow told lawmakers he would continue to combat fraud and abuse, which he said was “absolutely pervasive” in the H-1B program.
- Edlow has already signaled plans to axe postgraduate training options for foreign graduates and remove temporary immigrant protections expanded under the Biden administration, and also promised to reduce backlogs for asylum and green card applications.
- Edlow started his career as an attorney for Immigration and Customs Enforcement (ICE) and previously served at the Department of Justice and as an adviser on immigration policy to House Republicans.
SOURCE: Bloomberg Law, July 15, 2025: news.bloomberglaw.com/daily-labor-report/trump-uscis-nominee-joseph-edlow-gets-full-senate-confirmation
Department of Labor’s OFLC to discontinue fax services as of September 1
- The Office of Foreign Labor Certification (OFLC) will discontinue the use of fax services effective September 1, 2025. As part of DOL’s ongoing digital modernization efforts, the following fax email addresses will be deactivated:
- Current users of any of these fax numbers for communication or document submission can transition to submitting documentation through FLAG or by email prior to the deactivation date.
- Any information submitted to the fax email addresses after August 31, 2025, will not be considered to have been validly submitted to OFLC and may result in delayed processing or denial of an application.
- For assistance with alternative submission methods, please contact the Temporary Labor Certification Helpdesk at oflc.tlc@dol.gov.
SOURCE: www.dol.gov/agencies/eta/foreign-labor/news
Trump’s One Big Beautiful Bill raises immigration fees
- On July 4, 2025, President Trump signed into law H.R.1 – The One Big Beautiful Bill Act, which includes provisions making significant changes to the U.S. immigration system, tightening entry pathways, increasing enforcement funding, and introducing or raising new immigration-related fees both as a deterrent and a fundraising mechanism.
- Specifically, the new law imposes several new immigration fees to be paid in addition to any other fees otherwise required by law.
- The fees that will especially affect employment-based immigration are:
- Visa Integrity Fee: At least $250 to be paid upon issuance of any nonimmigrant visa.
- Adjustment of Status (Green Card): $1,500 up from $1,225 when bundled with biometrics and Employment Authorization Document (EAD)
- Waiver of Inadmissibility (I-601): $1,050 which applies to individuals seeking to overcome inadmissibility barriers.
- I-94 Fee. At least $24 to be paid with Form I-94 application.
- ESTA Fee: $40 for Visa Waiver Program applicants.
- EVUS Fee: $30 for Chinese B-1/B-2 visa holders.
- A comparison chart of the new immigration related fees can be found on the National Immigration Project’s website: nipnlg.org/sites/default/files/2025-07/Final-Fee-Increases-HR1.pdf
The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.