November 2025 USCIS Policy Changes and Their Impact on EB Green Cards

(UNITED STATES) A sweeping set of USCIS policy changes taking effect in late 2025 is reshaping how employers and skilled workers handle the Employment‑Based Green Card process in the United States. The government is ending the 540‑day automatic extension of work permits, raising costs for H‑1B petitions, and moving fully to electronic fee payments.

End of the 540‑day automatic EAD extension

The most immediate shock for many employment‑based applicants is the end of the 540‑day automatic extension of Employment Authorization Documents (EADs) for certain renewal applicants. This change follows a Department of Homeland Security final rule issued on October 30, 2025.

Under the previous temporary rule, workers whose employers filed timely EAD renewal applications could keep working for up to 540 days past the expiration date printed on their cards. That buffer often covered long government processing delays.

With that protection gone for filings made on or after October 30, 2025, workers with pending Employment‑Based Green Card cases now face the risk that their EADs will expire before U.S. Citizenship and Immigration Services (USCIS) finishes reviewing their renewals. If an EAD expires, the worker must stop working, even if their underlying immigrant petition and adjustment of status application remain valid.

Consequences include:

• Employers being forced to pull key staff off projects, disrupting work and timelines.
• Families losing income suddenly when authorized workers cannot continue employment.
• Employers needing to file renewals earlier and prepare for possible authorization gaps.

VisaVerge.com reports that many corporate immigration teams are warning managers not to assume continuous work authorization and to prepare backup staffing plans when key foreign workers approach EAD expiration.

Important: According to USCIS guidance on automatic EAD extensions, employers must still complete Form I‑9 carefully to avoid hiring or continuing to employ someone whose work authorization has lapsed: automatic extensions of employment authorization and documentation for certain employment authorization document holders

Without the 540‑day automatic extension in place for new filings, even a short processing delay can trigger complex compliance problems and potential penalties.

New H‑1B cost: $100,000 payment

On the H‑1B side, USCIS introduced a dramatic new cost: as of September 21, 2025, every new H‑1B petition must include an additional $100,000 payment as a condition of eligibility.

Key points:

• This $100,000 is in addition to existing filing fees and fraud prevention charges.
• The payment creates a significant financial barrier for companies relying on H‑1B professionals who may later transition to Employment‑Based Green Cards.
• Smaller tech firms, start‑ups, and research labs may find the extra cost impossible to justify.

Likely effects:

• Employers may shift more jobs outside the United States 🇺🇸 or limit sponsorship to only the most senior or revenue‑critical roles.
• The pipeline of workers who could later apply for permanent residence may narrow substantially.

Mandatory electronic fee payments

USCIS is also overhauling how it collects filing fees. Beginning October 27, 2025, the agency will no longer accept paper checks for most filings. All payments must be made electronically unless a specific exemption applies.

Accepted electronic payment methods include:

• Form G‑1650 for bank withdrawals: Form G‑1650
• Form G‑1450 for credit card transactions: Form G‑1450

Implications:

• Large employers already paying online may adapt quickly.
• Smaller law firms, in‑house teams, and organizations reliant on paper processes must update internal systems fast.
• Each USCIS fee now requires a separate electronic authorization form, increasing the risk that a payment error could cause a rejected filing and missed deadline for an Employment‑Based Green Card or H‑1B filing.

Expanded biometrics collection on entry and exit

Starting December 26, 2025, the Department of Homeland Security will begin collecting biometric data (fingerprints and photographs) from noncitizens both when they enter and when they leave the country.

Effects for Employment‑Based Green Card applicants:

• More detailed tracking of entries and exits while cases are pending.
• Possible longer lines at airports and land borders as new systems are implemented.
• Greater scrutiny when officers compare entry/exit records with stated work locations and job duties.

Government rationale:

• Officials say expanded biometrics will strengthen identity verification and immigration enforcement.

Worker and employer concerns:

• Questions about privacy and data retention.
• Potential issues if travel mismatches affect ongoing green card or H‑1B cases.

Public charge policy reaffirmed

USCIS reaffirmed its stance on the so‑called public charge ground of inadmissibility in a Policy Memorandum published on September 4, 2025. The agency said it will continue to follow existing statutes and regulations when reviewing public charge issues for Form I‑485 (application to adjust status to permanent resident).

Practical effects:

• The memo does not create a new rule but reminds applicants that officers retain wide discretion.
• Officers will continue to evaluate the “totality of the circumstances,” including:
  • Income
  • Assets
  • Job offers
  • Education
  • Past use of certain benefits

Applicants who change jobs, face layoffs, or experience income drops during long processing times may worry these life events could negatively influence a public charge determination.

What this means for employers and workers

For employers:

• A sharp rise in compliance risk and planning complexity.
• HR teams must:
  • Track EAD expiration dates more closely.
  • Budget for potential unpaid leave when authorization lapses.
  • Reassess whether the $100,000 H‑1B payment makes economic sense.
• Many employers are reviewing long‑term workforce strategies, including whether to keep research, design, and engineering roles in the U.S. or move them abroad.

For workers in the Employment‑Based Green Card queue:

• Some may avoid travel to reduce the risk of biometric or record mismatches.
• Others may hesitate to change employers, even under portability rules, because job disruptions could be scrutinized under public charge reviews.
• With the loss of the 540‑day safety net, workers will closely monitor processing times and the expiration dates printed on their EAD cards.

Key takeaway: These combined policy shifts increase uncertainty for employers and foreign workers alike — affecting staffing decisions, travel plans, affordability of sponsorship, and day‑to‑day compliance with immigration rules.