Immigration - Page 2 of 19

14 Oct. 2025 Statement of Changes — Updates to the UK Immigration Rules and Implementing White Paper Proposals

The High Potential Individual route is being expanded to include graduates from the top 100 international universities with a cap of 8,000 applications per year. This is expected to double the number of people using this route from 2,000 to 4,000 with the aim of encouraging promising graduates to base their careers in the UK.

Part 9 of the Immigration Rules, which set out grounds for refusal across immigration routes, is being replaced by a new “Part Suitability”, effective from 11 November 2025. This accords with terminology used in simplified immigration routes whereby applicants are assessed against “suitability requirements”, not “grounds for refusal”.

Further legislative changes are expected later in 2025, and the government’s direction is clear: a more restrictive, compliance-driven immigration system focused on domestic skills and integration.

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How a Federal Government Shutdown Affects U.S. Employment-Based Immigration

Because U.S. Citizenship and Immigration Services (USCIS) is funded by user fees, USCIS remains open and will continue to accept and process applications. There are some exceptions to this rule for programs that receive appropriated funds, including E-Verify, the EB-5 program, Conrad 30 J-1 doctors and non-minister religious workers.

In the past, when the government reopened, USCIS accepted late I-129 filings provided the petition was submitted with evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown.

Note that the unavailability of E-Verify does not change the requirement for employers to complete Form I-9 no later than the third business day following an employee’s first day of work for pay.

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H-1B Update: Executive Order Targets New H-1B Visa Holders With $100,000 Fee

On September 19, 2025, President Donald Trump issued a proclamation restricting the entry of anyone seeking to enter the U.S. in H-1B status without payment of a new $100,000 fee.

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New “Home Country Only” Visa Interview Rule and Termination of the Interview Waiver

Effective September 6, the United States has ended “third-country visa stamping.” All non-immigrant visa (NIV) applicants must now schedule their visa interview appointments at the U.S. embassy or consulate in their country of nationality or residence. Effective September 2, most NIV applicants will require an in-person interview with a consular officer.

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EU Entry/Exit System (EES): Implications for Non-EU Travellers

From 12 October 2025, the European Union will begin the phased rollout of the Entry/Exit System, a digital border management tool replacing passport stamping for non-EU nationals entering the Schengen Area. UK and U.S. travellers, along with other non-EU nationals, will be required to register their entry into and exit out of the Schengen Area by providing biometric data. They will also need to comply strictly with the 90-day short-day limit in any 180-day rolling period.

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H-1B Cap Reached for Fiscal Year 2026 and Potential Process Changes Ahead

U.S. Citizenship and Immigration Services (USCIS) announced it has received enough petitions to meet the annual numerical allocation of 85,000 H-1B visas for fiscal year 2026. Also, a new proposed rule titled “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions” is currently pending with the White House Office of Management and Budget’s Office of Information and Regulatory Affairs. While the exact content is unclear, it is expected to have a significant impact on how H-1B cap-subject numbers are allocated.

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