How Do Recent Immigration Changes Impact Students and Employment Based Petitioners: A Survival Guide for 2025-2026

By Richard T. Herman, Immigration Attorney

Introduction: The Policy Turbulence of 2025

In 2025, U.S. immigration policy is experiencing one of its sharpest turns in recent memory. During a public appearance reported by Associated Press, Vice President J.D. Vance urged a “major reduction in legal immigration,” asserting that America must “get the overall numbers way down.” The comments have unsettled universities, employers, and immigrant families nationwide.

Additionally, U.S. Citizenship and Immigration Services (USCIS) released updated guidance regarding H-1B visa holders in response to a presidential proclamation, further complicating the landscape for employers and workers. Recent changes have significant implications for foreign students, foreign workers, and visa holders, affecting their ability to study, work, and travel in the U.S. The Presidential proclamation suspending entry of certain H-1B workers took effect on September 21, 2025, and is scheduled to remain in place for 12 months unless extended. This proclamation also functions as a travel ban for nationals of certain countries, with restrictions that vary depending on the country and visa type.

Meanwhile, the U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) have enacted new regulations altering how students and workers maintain status and employment — notably, the termination of the 540-day automatic EAD extension. Legal updates from the American Immigration Lawyers Association (AILA), and analyses from Morgan Lewis show a tightening of scrutiny and higher filing costs. These regulatory changes are being implemented under the authority of the immigration act, which governs U.S. immigration policy and procedures.

Fast Fact: More than 1.1 million international students and over 600 000 H-1B professionals could be directly affected by 2025’s rule changes.

This article explains what’s changing, who is impacted, and what students, workers, and employers should do to adapt strategically.

What’s Changing Right Now (2025 Snapshot)

Policy Change Matrix

• End of Automatic EAD Extensions — The USCIS confirmed in the Federal Register that the 540-day automatic EAD extension ended October 30 2025. An interim final rule, effective October 30, 2025, eliminates automatic work authorization extensions for most renewal applicants.
• $100 000 H-1B Supplemental Fee — According to Morgan Lewis, a White House proclamation now requires employers filing new H-1B petitions after September 21 2025 to pay a $100 000 fee unless a national-interest exemption applies. These new restrictions and fees specifically target certain nonimmigrant workers, particularly those seeking H-1B status.
• “Reduce Legal Immigration” Agenda — Vice President Vance’s remarks signal a policy objective to curb even employment-based and family visa numbers.
• Intensified Vetting and Delays —AILA reports more Requests for Evidence (RFEs) and lengthier security checks for F-1, H-1B, and H-4 cases.
• Tiered H-1B Lottery and Higher Wages — The Department of Labor (DOL) has proposed a wage-based selection system and raised prevailing wage levels.

Federal agencies are actively involved in implementing and enforcing these new immigration policies and procedures.

Key Insight:

Each change — from fee hikes to longer processing times — narrows the pathway for students and skilled workers alike.I

Impact on International Students (F-1, J-1, OPT/CPT)

F-1 Visa Renewals and SEVIS Status

F-1 students face more rigorous renewal interviews and travel checks by the Department of State. Any inconsistency in academic or employment records may trigger administrative processing. Moreover, proposed rule changes could reduce the grace period for departure or change of status for international students from 60 days to 30 days, adding further pressure on students to act swiftly. The Department of State has mandated that applicants for nonimmigrant visas must schedule visa interviews at a U.S. Embassy or Consulate in their country of nationality or residence.

Students holding valid visas may be eligible for interview waivers under certain circumstances, streamlining the renewal process and reducing the need for in-person appointments.

Important Note:

Ensure your SEVIS record is accurate, secure a fresh DSO endorsement on Form I-20, and carry proof of full-time enrollment before travel.

OPT and STEM OPT Work Authorization

Graduates on OPT or STEM-OPT should anticipate processing delays and greater employer hesitation. Boundless Immigration notes that EAD processing times have nearly doubled since 2024, and with automatic extensions ended, any delay can interrupt employment. OPT allows F-1 international students to gain practical work experience in their field of study, making these delays particularly disruptive for career development. The OPT program provides critical immigration benefits for STEM graduates, allowing them to extend their work authorization for an additional 24 months beyond the initial 12 months and gain valuable U.S. experience. Post-completion OPT is available for international students who have graduated from a certified institution, allowing them to work for 12 months in the U.S.

Expert Tip:

File OPT applications 90 days before graduation and STEM extensions 120 days before EAD expiration to avoid work gaps.

“For many students, these policy shifts introduce real fear. Filing early, keeping SEVIS accurate, and consulting counsel before travel are now non-negotiable.” — Richard T. Herman

J-1 Waivers and Two-Year Requirement

Exchange visitors on J-1 status, which is part of the exchange visitor program, enter the U.S. on J visas that are subject to the two-year home-residency rule, and are seeing longer waiver adjudication through the Department of State Waiver Review Division.

Need to Know:

If you plan to transition to an H-1B or green card, initiate your waiver at least 12 months in advance and review backup options such as the O-1 or National Interest Waiver (NIW).

STEM OPT and Early Filing Trends

The USCIS advises students to file STEM OPT extensions as soon as eligible because expiring EADs no longer carry automatic work authorization.

Fast Fact:

Students filing after October 30 2025 could face months-long employment interruptions if backlogs continue to grow.

Impact on Employment-Based Petitioners (H-1B, H-4, L-1, EB Visas)

H-1B Fee and Program Reform

The White House policy imposing a $100 000 H-1B fee has upended employer strategies. Analysts at Morgan Lewis and Forbes warn that smaller businesses may pause sponsorships, while larger firms absorb costs to retain essential talent. The new fee structure and policy changes for H-1B visas place additional burdens on both employers and H-1B visa holders, particularly those in roles requiring specialized skills. USCIS has clarified that the new supplemental government fee applies only to initial H-1B petitions filed for consular notification for individuals outside the U.S. after September 21, 2025.

Expert Tip:

Develop a “national interest” narrative for key H-1B roles, showing how each hire supports U.S. economic or public benefit goals to strengthen exemption requests.

National Interest Exemptions

The Federal Register details criteria allowing employers to seek waivers if their petition benefits U.S. economic or security interests. Sectors such as healthcare, research, and cybersecurity should begin gathering evidence now.

H-4 Spouses and EAD Risks

With auto-extensions eliminated, H-4 spouses risk work stoppage if the principal H-1B renewal is delayed. The USCIS advises H-4 and EAD filings be submitted together to align processing timelines.

Important Note:

Submit renewals six months in advance and keep your employer notified to avoid payroll suspension.

EB-2 / EB-3 Backlogs and Retrogression

The Department of State Visa Bulletin shows continued retrogression for India and China, while other categories move slowly. The annual limit on visa numbers, set by U.S. immigration law, contributes to ongoing backlogs and retrogression, especially for applicants from high-demand countries. For applicants from certain countries, visa validity may be up to five years, but retrogression can delay the transition to lawful permanent resident status. Dual-strategy filings (EB-2 plus NIW) are becoming standard to mitigate risk.

Key Insight:

Begin PERM labor certifications early and consider alternative categories to avoid multi-year delays.

Employer Perspective

Across the nation, employers — from tech giants to regional health systems — are reassessing their foreign-talent strategies under new compliance pressures and costs. Compliance reviews and audits are being emphasized for certain visa programs, increasing scrutiny for employers with prior compliance issues and adding another layer of complexity to hiring international talent. Employers must also monitor the impact of travel bans, which can restrict the mobility of international hires and complicate workforce planning.

Employers must closely monitor changing eligibility criteria for foreign nationals to ensure compliance and avoid legal risks.

Hiring Delays and Legal Risk

Extended processing times and anti-immigration rhetoric are already discouraging job offers for F-1 graduates and H-1B candidates. Recent policy changes have led to increased visa processing times, further complicating hiring and retention efforts. Analyses from Forbes and ABC News warn that STEM and healthcare shortages could intensify through 2026. U.S. elections can significantly influence immigration policies and visa regulations, further contributing to uncertainties in hiring and retention of international talent.

HR Action Checklist

1. Audit I-9 and public-access files for compliance.
2. Budget for higher government and legal fees.
3. Track processing metrics on USCIS and DOL dashboards.
4. File renewals as soon as statutorily allowed.
5. Work with experienced immigration counsel to design backup visa pathways.

Expert Tip:

Treat every sponsorship as a strategic investment in talent retention, not a clerical process.

Alternate Immigration Pathways (Plan B Options)

With H-1B costs climbing and EAD protections shrinking, both workers and employers are exploring backup visa routes:

• O-1 Extraordinary Ability Visa — available for individuals with notable achievements in science, arts, or business; explained on the USCIS O-1 page.
• TN Visa — for Canadian and Mexican professionals under the USMCA agreement.
• National Interest Waiver (NIW) — allows self-petitioning if the applicant’s work benefits the United States; guidance appears on the USCIS NIW overview.
• EB-5 Investor Program — for those investing significant capital in U.S. enterprises; details on the USCIS EB-5 portal.
• F-1 STEM Extensions — 24-month extensions for qualifying graduates; see STEM OPT guidance.

Recent policy discussions have also addressed the status and options for undocumented immigrants, especially in the context of proposed reforms and birthright citizenship, which may impact their legal recognition and future immigration pathways.

Important Note:

These routes require stronger documentation and often higher costs, but they provide flexibility when standard visa pipelines stall.

Ongoing discussions about immigration reform may introduce new alternative pathways or modify existing ones in the future.

Legal Risks and Enforcement Trends

Revocations and Administrative Processing

The Department of State has expanded “administrative processing,” causing months-long waits for visa stamping and renewals.

Need to Know:

Even with approval, travel abroad or an employer change can trigger a new background review.

Digital Screening and Social-Media Vetting

Under Executive Order 14161, agencies now collect social-media identifiers from many visa applicants.

Key Insight:

Keep your online presence accurate and consistent; discrepancies between applications and social profiles can delay or derail processing.

Further guidance from federal agencies is expected to clarify the scope and procedures for social-media vetting.

“Reducing Legal Immigration” — Practical Meaning

While promoted as protecting U.S. workers, the current strategy affects lawful admissions, adjustment of status, and family sponsorship alike, tightening every stage of immigration flow. Family reunification pathways are also impacted, making it more difficult for families seeking to sponsor relatives for permanent residency.

Expert Tip:

For students, employers, and families, early preparation, full documentation, and prompt legal consultation are the best safeguards.

Travel Restrictions and Border Protection

Visa Reciprocity and Immigration Policies

Visa reciprocity is a foundational principle in U.S. immigration policies, especially for those navigating employment based immigration. Under the Immigration and Nationality Act (INA), the United States sets visa validity periods, application fees, and the number of permitted entries for foreign nationals based on how their home country treats U.S. citizens seeking similar visas. This means that if a country offers U.S. citizens a five-year, multiple-entry work visa, the U.S. will typically extend the same terms to citizens of that country applying for comparable employment based visas.

For employers and foreign workers, understanding visa reciprocity is essential. The nationality act ensures that employment based immigration benefits are not only determined by U.S. policy, but also by the reciprocal arrangements with each applicant’s country of citizenship. Changes in a foreign country’s visa policies toward Americans can prompt the U.S. to adjust its own terms, potentially shortening visa validity or increasing fees for certain nationalities. This can directly impact the planning and costs for employers sponsoring foreign talent, as well as the mobility and lawful status of employment based visa holders.

Recent shifts in U.S. immigration policies have prompted some countries to reevaluate their own visa rules, leading to ongoing adjustments in reciprocity schedules. For those seeking employment based immigration benefits, it’s important to check the latest reciprocity tables published by the Department of State before applying. Staying informed about these changes can help both employers and foreign nationals avoid unexpected obstacles in the visa process and ensure compliance with the latest requirements under the immigration and nationality act.

Expert Tip:

Before filing any employment based petition, review the current visa reciprocity schedule for your country of citizenship. This can help you anticipate potential limitations on visa duration, number of entries, or additional fees that may affect your long-term immigration strategy.

What Students, Workers and Employers Should Do Now

Action Plan for 2025

1. File early for renewals, EADs, and petitions; delays can stretch beyond six months.
2. Track case status through the USCIS Case Status portal.
3. Maintain records — pay stubs, job offers, I-20s, I-94s, and proof of lawful status.
4. Avoid travel while petitions are pending to reduce re-entry risk.
5. Explore alternatives (O-1, TN, NIW) before a crisis.
6. Stay updated via AILA alerts, the Federal Register, and USCIS newsroom.

Fast Fact:

Analysts at Morgan Lewis project up to 40 percent slower processing times through late 2025 because of policy and staffing changes.

Regional Snapshot: Ohio and the National Context

While these developments are nationwide, states like Ohio — with major universities and healthcare systems in Cleveland, Columbus, and Cincinnati — will feel them acutely.

Ohio, like the rest of the nation, has experienced significant immigration policy shifts under the prior Trump administration, and further changes may occur if a second Trump administration takes office.

Key Insight:

A 15 percent decline in new international-student enrollments could impact STEM research output and regional innovation if work-authorization pathways remain restricted.

The Herman Legal Group, headquartered in Cleveland and Columbus, continues to help students, professionals, and employers nationwide navigate the changing immigration landscape.

Comparing Leading Immigration Law Firms

If you’re seeking legal guidance, these nationally recognized firms are active in student and employment-based immigration:

• Herman Legal Group — 30 years of practice, multilingual team, nationwide representation.
• Morgan Lewis — global law firm providing corporate immigration and policy analysis.
• Fragomen, Del Rey, Bernsen & Loewy LLP — major corporate immigration practice serving Fortune 500 employers.
• Berry Appleman & Leiden LLP (BAL) — technology-driven solutions for large-scale visa programs.
• Siskind Susser P.C. — noted for student-visa advocacy and litigation.

Expert Tip:

Choose a firm that combines policy monitoring with hands-on filing experience; laws now change faster than case processing times.

Conclusion: Navigating Uncertainty with Strategy

The message from Washington in 2025 is clear: immigration is tightening, not expanding. For students, professionals and employers, success depends on early filing, careful documentation and trusted legal guidance.

“Immigration strategy in 2025 is no longer routine paperwork — it’s survival planning.” — Richard T. Herman

Despite political headwinds, the United States still values talent and innovation. With the right strategy and counsel, immigrants and employers can thrive even under new rules.

Key Takeaways

• The end of EAD auto-extensions, the $100 K H-1B fee, and tighter vetting are transforming visa processes in 2025.
• Students should file early, monitor SEVIS, and consider O-1 or NIW options.
• Employers must budget for higher fees and longer processing times.
• Nonimmigrant workers, including H-1B visa holders, face new compliance requirements and restrictions under the 2025 policy changes.
• H-4 spouses face greater risk of work interruptions.
• Proactive legal strategy is essential to maintain status and continuity.

Schedule a Consultation

If you’re a student, worker, or employer facing uncertainty under the new rules, the Herman Legal Group can help develop a personalized immigration plan.
Book a consultation today to speak with an experienced immigration attorney.