US Immigration FAQ Update: H-1B, F-1, NRIs Amid 2025 Changes

If you’ve seen comments from Mark Mitchell or other public figures and you’re worried about your H-1B, F-1 student visas, or Green Cards, start with this: rhetorical statements do not change U.S. immigration law. Rules for work visas, student visas, permanent residence, and citizenship still come from the U.S. Congress, the Department of Homeland Security (DHS), and U.S. Citizenship and Immigration Services (USCIS). That means most people don’t need to take sudden action based on a clip, a quote, or a viral post.

At the same time, 2025 did bring real policy moves that matter for day-to-day planning, including a DHS H-1B final rule dated January 17, 2025, a presidential proclamation dated September 19, 2025 (effective September 21, 2025) that set a $100,000 fee in certain situations, and a DHS rule dated October 30, 2025 that affects automatic Employment Authorization Document (EAD) extensions for renewals.

Below is a step-by-step “journey map” for people already in the United States 🇺🇸 on H-1B or F-1 status, and for those building a Plan A and Plan B.

First check: separate talk from binding rules

Your first step is to sort information into two buckets:

• Talk (not binding): Public remarks, campaign lines, and media commentary, including Mark Mitchell’s statement. These do not rewrite immigration law.
• Binding rules (real change): DHS final rules, USCIS policy updates, and signed presidential proclamations that include an effective date and scope.

This distinction matters because panicked actions—like rushing travel, quitting a job, or changing schools—often create real immigration problems when the underlying law hasn’t changed.

Important takeaway: If it’s a speech or tweet, it’s not law. If it’s a DHS/USCIS rule or a signed proclamation with an effective date, plan accordingly.

The H-1B path in 2025: what the government is doing, and what you must do

For H-1B workers, the core process remains employer-driven: the employer files, and you maintain status by staying employed in the approved job under the approved terms.

Step 1: Filing the H-1B petition (new, extension, transfer)

The basic filing route remains the same for:

• New H-1B approvals
• H-1B extensions
• H-1B transfers between employers

The source reports no direct impact at present on compliant filings. It also highlights a DHS final rule (January 17, 2025) that modernized the program with these key changes:

• Improved lottery fairness
• Codified deference for extensions with the same employer
• Clarified concurrent employment for entrepreneurs
• Added fraud detection measures (mandatory attestations, site visits)

What you should do now:

• Keep your job title, duties, worksite, and pay consistent with the employer’s filing.
• Save pay stubs, W-2s, offer letters, and job descriptions in one place.
• If your employer prepares an H-1B filing, ask for a complete copy for your records.

If your employer files an H-1B petition with USCIS, the common form is Form I-129. Official page: Form I-129, Petition for a Nonimmigrant Worker.

Step 2: Fraud checks and site visits

The 2025 DHS modernization increased anti-fraud steps, including site visits. A site visit typically involves a contractor or officer verifying that the job exists and that the worksite matches the petition.

What to expect:

• Verification of work location and basic job details.
• Requests to confirm your role, manager, and work arrangement.

Practical actions:

• Make sure your manager knows what was filed.
• If you work remote or hybrid, ensure the petition reflects actual work arrangements.

Step 3: Travel and visa stamping — the $100,000 proclamation

A major practical turning point is the presidential proclamation (September 19, 2025), effective September 21, 2025 (for 12 months unless extended), which creates a $100,000 fee on employers for certain new H-1B petitions when the employee seeks a visa stamp abroad.

Important limits — the fee does not apply to:

• Approvals issued before September 21, 2025
• U.S.-based change-of-status petitions approved without departure
• Extensions/amendments if workers remain in the U.S. 🇺🇸 until approval

This creates a “travel decision point”: if you leave the U.S. and need a visa stamp abroad, talk to your employer and immigration counsel first to see if your case triggers the proclamation fee.

Note: VisaVerge.com reports many workers now treat international travel as a legal step, not a routine trip, because cost and timing risks can shift fast when rules target stamping scenarios.

H-4 dependents: stable rules, but an EAD timing issue after October 30, 2025

The source states that H-4 visa rules and H-4 EAD eligibility have not changed and dependents can keep working if they have valid authorization.

However, a separate operational change matters: a DHS rule (October 30, 2025) ended 540-day automatic EAD extensions for renewals filed on or after that date, which can create gaps if USCIS processing is slow.

Common forms:

• Form I-765 — Form I-765, Application for Employment Authorization
• Form I-539 — Form I-539, Application to Extend/Change Nonimmigrant Status

Practical steps for H-4 spouses:

• File renewals as early as allowed.
• Keep proof of filing and track receipts.
• Plan household budgets in case a work gap occurs.

F-1 student visas → OPT → H-1B: handoff points that matter most

The source indicates no immediate impact announced on:

• F-1 visa issuance
• OPT (Optional Practical Training)
• STEM OPT extensions

OPT and STEM OPT remain active with no policy changes to duration or eligibility stated in the source. Still, the source warns that if employers become less willing to sponsor H-1B workers, job options for international graduates could tighten.

Step 1: Keep F-1 status clean

What you must do:

• Stay enrolled and follow school rules.
• Keep your I-20 and school records accurate.
• Maintain a paper trail of address updates and school communications.

Step 2: OPT and STEM OPT compliance basics

Reminders from the source:

• Maintain full-time employment during OPT.
• For STEM OPT, ensure the employer uses E-Verify.
• File extensions well before deadlines.

Students are often affected not by law changes but by missed dates, missing employer requirements, or sloppy reporting.

Green Cards: no new EB-2/EB-3 changes in the source, but backlogs remain the real story

For many H-1B holders, the long-term goal is permanent residence.

Key points:

• The source reports no current changes for employment-based EB-2 and EB-3 categories.
• Country caps continue to apply; the source cites the 7% per-country limit, which produces long waits for Indian applicants.

Action steps:

• Track the Visa Bulletin monthly. Official page: Visa Bulletin
• Explore EB-1 eligibility if your profile fits.
• Consult immigration attorneys for long-term planning.

The source references proposed legislation — the Dignity Act of 2025 — which would raise caps to 15% and aim to clear backlogs by 2035, but it is unpassed.

Job security fears: legal protections and practical vulnerabilities

The source emphasizes that there is no immediate legal basis for targeting workers based on nationality. U.S. labor and anti-discrimination laws (including Title VII) prohibit employers from terminating or refusing employment solely due to race or country of origin.

Still, visa holders can be vulnerable to:

• Layoffs
• Role changes
• Worksite changes
• Employer noncompliance

Day-to-day maintenance steps:

• Maintain valid status.
• Keep documentation updated.
• Monitor employer compliance with visa rules.

Proposed bills vs enacted law: the September 29, 2025 example

The source highlights a bill introduced September 29, 2025 — the proposed H-1B and L-1 Visa Reform Act of 2025 — by Senators Chuck Grassley (R-IA) and Dick Durbin (D-IL). It is not enacted.

If enacted, it would add:

• Wage floors (highest of prevailing/median/skill level 2)
• 50% workforce caps
• Third-party placement limits
• Audits

Lesson: Track what passes, not what’s merely introduced.

Planning your next 12 months: actions that help in almost every case

A steady plan from the source’s guidance usually includes:

• Use official updates from USCIS and DHS, not social media.
• Keep status documents and employment records organized.
• Avoid travel that could trigger the $100,000 fee if your case fits the proclamation’s scope.
• Upskill to stay competitive in the U.S. job market.

USCIS case timing: USCIS Check Case Processing Times.

Plan B countries: options people discuss

The source notes several countries offering immigrant-friendly pathways, including Canada 🇨🇦, Australia, the UK, and Germany, with post-study work and faster permanent residency options.

Many families keep these options as backups for stability while continuing careers and lawful status in the United States 🇺🇸.

Citizenship rules: stable unless Congress changes them

Any change to U.S. citizenship laws would require legislation by Congress. For now:

• Naturalization timelines, eligibility rules, and requirements remain unchanged for lawful permanent residents.

If your long-term goal is citizenship, follow the basic process: keep every record that proves residence, tax filings, and lawful status history — those documents usually matter more than the political noise of a given year.