USCIS Immigration Policy Changes 2025-2028: H-1B, I-485 & Green Card

The Department of Homeland Security (DHS) has three main agencies: (1) Customs and Border Protection (CBP) - responsible for border apprehensions, deportations, detention, fingerprinting, biographical information verification, and assessing entry permission; (2) Immigration and Customs Enforcement (ICE) - handles internal arrests and detention within the U.S., prosecutes removal proceedings (similar to criminal prosecutors), and supervises individuals who are in the country; (3) U.S. Citizenship and Immigration Services (USCIS) - processes affirmative applications including work authorization, asylum applications, family-based residency, humanitarian parole, Temporary Protective Status, and DACA.

The US immigration system involves multiple agencies with distinct functions: (1) Department of Homeland Security (DHS) includes ICE (Immigration and Customs Enforcement) which enforces immigration laws within the US, and CBP (Customs and Border Protection) which controls borders; (2) USCIS (US Citizenship and Immigration Services) handles affirmative applications; (3) Department of Justice includes the Immigration Court where immigration cases are decided; (4) Executive Office for Immigration Review (EOIR) is the highest immigration court. Understanding which agency handles which function is crucial for community workers.

Starting July 1, 2025, USCIS changed their official text message alert number from 468-311 to 872-466 (USA-IMM) for immigration notifications, and DHS implemented the Enhanced Passenger Processing (EPP) biometric system at major US airports using fingerprint technology to verify citizen identity before immigration processing.

This segment examines the operational challenges facing DHS and USCIS in processing immigration applications. The speaker alleges that DHS is sitting on applications from people seeking permanent status, affecting approximately half of the immigrant flow from 90 countries. The speaker identifies Joseph Edlow as head of USCIS and claims he implemented policies to slow processing. The segment explores the chain of command, questioning whether Secretary Nielsen is aware of these issues, and presents conflicting explanations about whether delays are due to intentional policy or operational backlogs.

USCIS has inherited a broken immigration system that was also dismantled, and the agency responsible for work authorizations was on the brink of bankruptcy. The agency is working on a fee rule to fund itself and has promulgated a rule to extend work authorization to prevent gaps in individuals' ability to continue working when the law permits them. Additional appropriated dollars in the FY23 budget are requested to assist in working through the backlog, with a multi-pronged approach including additional personnel, processing efficiency, and relief provisions. DHS has also requested funding to hire 300 new border patrol agents, the first increase since 2011, and to counter human and drug smuggling operations, combat child exploitation and human trafficking, and stop goods produced by forced labor from entering U.S. markets. The department has also requested funding to hire 300 new border patrol agents, ensure safe and humane treatment of migrants, and operationalize a new rule on asylum processing.

The employment-based green card process consists of three main steps: (1) Permanent Labor Certification (PERM), required for most applicants but exempt for managers/executives, extraordinary ability, and national interest waiver categories; (2) Immigrant Visa Petition (I-140), filed by the employer to request a green card and visa number; and (3) Adjustment of Status, where applicants apply to become permanent residents while remaining in the United States. Eligibility requires proof of status maintenance, admission to the U.S., and a current priority date or approved I-140.

The I-140 petition is the formal process for obtaining permanent U.S. residency (green card) through employment. It involves three main steps: (1) Employer files permanent labor certification with USCIS, demonstrating inability to find qualified U.S. workers; (2) Employer places job advertisements and receives approval notice; (3) Selected employee applies for adjustment of status (Form I-485) and attends USCIS interview. Upon approval, the employee receives a green card granting permanent resident status, which typically takes 5-10 years before citizenship eligibility.

The I-140 approval provides National Interest Waiver and Labor Certification Waiver, allowing applicants to pursue Green Card without employer sponsorship, but does not grant work authorization, travel permission, or status to stay in the US; the I-485 filing provides automatic work authorization (EAD) and travel permission (Advance Parole), enabling applicants to work and travel legally while their Green Card application is pending, unlike I-140 which requires applicants to maintain their current non-immigrant status.

After collecting documentation, applicants work with lawyers to file Form I-140 (immigrant petition), which can use premium processing for 15-day results. Upon approval, applicants file Form I-485 (adjustment of status) if a visa number is available. Concurrent filing allows simultaneous application for I-485, Employment Authorization Document (EAD), and Advance Parole. EAD permits work during pending application, while Advance Parole allows international travel. For applicants outside the US, consular processing at embassies is required. Countries like India and China experience visa backlogs due to high application volumes, causing retrogression in the Visa Bulletin.

This comprehensive section covers the employment-based Green Card process and self-sponsorship options. The Green Card process is a three-step process: (1) PERM Labor Certification (filed with the Department of Labor), (2) I-140 Immigrant Petition (filed with USCIS), and (3) I-485 Green Card Application. The PERM process requires the company to demonstrate it has tried to recruit U.S. workers but was unsuccessful. The choice between EB2 (second preference) and EB3 (third preference) significantly impacts processing times. The Visa Bulletin shows monthly updates on priority dates, with countries like China, India, Mexico, and Philippines having separate columns due to high demand. Retrogression occurs when a country exceeds the 7% cap on the 140,000 annual immigrant visas. The National Interest Waiver (NIW) is a self-sponsorship option that allows individuals to skip the PERM labor certification step, requiring demonstration that the work is in the national interest of the U.S. Common qualifying fields include medical research, homeland security, renewable energy, education, and financial systems. The EB1A (first preference) category is for individuals with extraordinary ability in the sciences, education, business, or athletics, using the same eight criteria as the O1 visa and allowing skipping the PERM labor certification with much better priority dates.

The H1B cap limits new petitions to 65,000 regular cap (bachelor's degree) and 20,000 advanced degree cap (US master's), totaling 85,000 annually. With over 780,000 applications submitted, a randomized lottery is held in March. Since 2020, the lottery is fully electronic. Registration runs March 6-22, with USCIS running the lottery and notifying applicants by March 31. Selected applicants must file petitions within 90 days. Cap-exempt employers (universities, affiliated nonprofits, research organizations) can file anytime without lottery participation.

H-1B visas require specialty occupation qualifications and annual lottery selection. Applicants need a bachelor's degree or equivalent experience. The lottery process involves employer registration (now $215 fee), candidate selection in April, and potential employment starting October 1st. Cap-exempt organizations (research institutions, universities, non-profits) can sponsor concurrent H-1B employment, allowing full-time work at private employers while maintaining cap-exempt status. H-1B visas have six-year maximum duration unless extended with approved I-140.

The 2027 H1B cap registration implements a wage level-based lottery system with three new mandatory form requirements: wage level selection, SOC code for the beneficiary's position, and area of intended employment. Wage levels determine lottery chances: Level 1=1, Level 2=2, Level 3=3, Level 4=4. Registration fee remains $215 non-refundable with deadline March 19 EST. The 100,000 proclamation reduces consular processing applicants. Wage levels are determined by the Department of Labor based on job duties complexity, salary, and required experience. SOC codes are specialty occupation classifications based on actual job duties performed. Common errors causing disqualification include incorrect employer names, wrong FEIN, incorrect beneficiary names, and passport mismatches. Multiple registrations from different employers do not increase chances since the system uses passport numbers. Alternative pathways include O-1 for extraordinary ability, L-1 for managerial positions, and EB-1/EB-2/EB-3 green cards for those seeking permanent residency.

The H1B visa is the primary work visa requiring US employer sponsorship and specialty occupation designation. The annual cap totals 85,000 petitions: 65,000 for bachelor's degree holders and 20,000 for US master's degree holders, giving master's holders a selection advantage. Effective January 17th, USCIS implemented significant regulatory changes: the beneficiary-centric registration process limits each individual to one registration per passport number, reducing registrations from 800,000 to 400,000. The specialty occupation definition was tightened, requiring stronger connections between job duties and educational requirements—particularly impacting professions like interior design and general business degrees. Maintenance of status requirements intensified, requiring signed I-20s, multi-month pay statements, and EAD documentation. These changes reflect increased USCIS scrutiny and require more thorough preparation from both employers and candidates.

A proposed H1B regulation clarifies specialty occupation requirements: employers cannot require general degrees (like arts or general MBA) but can require degrees in closely related fields. Positions must be normally required in the industry, not necessarily by every employer. The regulation codifies H1B amendment requirements for work location changes, provides deference to existing petitions without changes, requires status maintenance documentation, and extends Cap Gap benefits from October 1st to April 1st of the next fiscal year.