Understanding the 2025 USCIS Policy Updates

As of May 2025, the U.S. Citizenship and Immigration Services (USCIS) has introduced several policy updates that significantly impact employers managing foreign labor. These changes affect visa programs, employment authorization, and compliance procedures. This article provides an overview of the key updates and their implications for employers.

During peak hiring seasons, especially in seasonal industries, the rush to onboard workers can lead to labor and immigration compliance errors. Agencies like the DOL and USCIS closely scrutinize visa programs such as H-2A, H-2B, and TN for violations related to wages, job duties, and work conditions. Staying proactive and informed is key to avoiding costly penalties and delays.

Effective January 13, 2025, USCIS now allows certain immigrants with expired Employment Authorization Documents (EADs) to continue working for up to 540 days while their renewal applications are pending. This temporary rule helps address severe processing delays and applies to refugees, asylum seekers, Temporary Protected Status (TPS) holders, and spouses of work visa holders.

On January 17, 2025, the Department of Homeland Security's final rules for the H-1B and H-2 visa programs took effect. These rules modernize and improve requirements for these nonimmigrant visa programs. Employers should familiarize themselves with the revised Form I-129, which reflects changes associated with the new rules.

Starting April 3, 2025, E-Verify and E-Verify+ have updated the Citizenship Status selection during case creation. The selection "A noncitizen authorized to work" has been updated to "An alien authorized to work." Employers must ensure consistency between Form I-9 attestations and E-Verify selections to maintain compliance.