Wise Moves: BrownWinick Immigration Intel

Welcome to Wise Moves: BrownWinick Immigration Intel 

We bring you sharp, actionable updates on employment-based immigration: what’s changing, what it means for your business, and how to stay ahead. At BrownWinick, we help employers navigate complexity with strategy, clarity, and confidence. 

Whether you’re sponsoring a single foreign national or managing seasonal labor at scale, immigration isn’t just compliance, it’s a talent strategy. We’re here to make sure you move wisely. 

At a Glance: What Employers Need to Know This Week 

1. Visa Interview Waivers Curtailed
   The Department of State has drastically reduced the interview waiver program that allows applicants who are renewing a visa to do so without attending an in-person interview. This program largely ends as of September 2, 2025, lengthening backlogs.  
2. Visa Validity Cut for 40+ Countries 
   Business and visitor visas for countries like Nigeria, China, and Venezuela have been shortened, some to as little as 3 months. Review travel plans and prep for more renewals. 
3. New USCIS Leadership & Filing Fee Increases Expected 
   Joseph Edlow is the new USCIS Director, with a history of strict policy enforcement. Fee increases are now effective, so start budgeting accordingly. 
4. ICE Audits Are on the Rise 
   Nationwide worksite audits are increasing. Now’s the time to audit your I-9s and prepare for quick response if ICE comes knocking. 
5. Plan Ahead for Worksite Visits 
   More employers are creating internal ICE response plans. Clear signage, staff protocols, and designated contacts help protect operations. 
6. H-1B Lottery Results Finalized 
   All FY 2025 H-1B selections are in (35% selection rate). If your candidate wasn’t selected, consider TN, O-1, L-1, or other alternatives. Rule changes may be coming. 
7. Green Card Timelines Stalling 
   For August, EB-2 priority dates retrogressed; EB-1 & EB-3 saw little movement. The right Visa Bulletin chart (Dates for Filing vs. Final Action) is critical to timing green card filings. 
8. TN Visas Tightened for Engineering Roles 
   USCIS now requires true engineering degrees for TN roles labeled “engineer.” Job titles and degree matches matter more than ever. 
9. TPS Wind-Down for Honduras and Nicaragua 
   TPS ends for Honduran and Nicaraguan nationals this fall. If you employ TPS holders, now’s the time to review options and next steps. 

Here’s a detailed look at what we’re watching and advising on: 

Visa News: Interview Waiver Program Revoked and Visa Validities Cut 

Last week, the U.S. Department of State (DOS) announced that visa renewals would require in-person interviews as of September 2, 2025. This is a landmark change that does away with the “interview waiver program” that helped reduce processing times for low-risk applicants. Additionally, DOS has reduced visa validity periods for applicants from over 40 countries, including Nigeria, China (O-1 visas only), Venezuela, and Cuba. This change impacts both business and visitor visas, with some countries seeing validity shrink from 5 years to as little as 3 months. 

Why it matters: 

Shorter visa validity and in-person interviews will lengthen visa wait times and complicate business travel, cross-border assignments, and long-term workforce planning. While the policies don’t change the underlying eligibility for visas, they together will increase the administrative and financial burden on affected employers and employees. No new funding for DOS was announced to help address this increased workload, meaning processing times will increase across the board. 

The visa validity update was flagged by NAFSA, which maintains a full list of affected countries here. 

What to do: 

• Review upcoming travel plans for employees from affected countries 
• Prepare for more frequent renewals, longer wait times, and greater documentation needs 
• Reach out if you need help assessing options for long-term assignments 
  

New USCIS Director, and New Filing Fees on the Way 

Joseph Edlow has taken over as Director of USCIS. He previously pushed for faster enforcement timelines and stricter eligibility standards. Also on the horizon: changes to USCIS fee schedules, which could impact your budgeting for petitions and renewals.  

Planning tip: We’re reviewing budgets with clients now to anticipate those increases before they hit. 

ICE Audits Are Up and Now’s the Time for an I-9 Checkup 

With greater agency funding, immigration audits are increasing across the country. ICE can show up and request your I-9s with just three days’ response time. They’re focusing on industries like construction, hospitality, and healthcare, but every employer is potentially on the radar. 

What we recommend: If it has been a while since your last I-9 review, now’s a good time for an internal audit or policy refresh. We can help you spot issues before they become problems. 

Planning for an ICE Worksite Visit Isn’t Optional Anymore 

More companies are building internal response plans in case of an ICE visit or raid. This includes everything from signage to staff training to clearly designating who interacts with federal agents. 

Why it matters: Having a plan helps protect your team and keep operations moving if a visit happens. 

H-1B Lottery Season Is Over. Now What? 

USCIS has confirmed that all selections for the FY 2025 H-1B cap have been made as of July 22 with a 35% selection rate. Employers whose cases were selected should have their petition filings submitted. 

If your candidate was not selected, it’s time to explore alternatives. Options may include: 

• TN, E, O-1, L-1, or J-1 categories 
• Continued employment under OPT or STEM OPT 
• Global placement or long-term immigration strategy planning 

There is also a proposed federal rule regarding potentially significant changes to the H-1B lottery, which is currently under review by the U.S. Office of Management and Budget. Few details have been released, but our team continues to track the issue. 

Need help assessing your next move? We're advising clients on creative and compliant strategies to retain key talent outside the H-1B path. 

Visa Bulletin Updates: Not Much Movement, But Still Worth Watching 

Employment-based green card categories EB-1 and EB-3 saw little or no forward movement in August. The EB-2 category retrogressed for most countries, meaning employees sponsored in this category will have longer to wait before they can apply for green cards. We’re keeping an eye on the bulletin as the government fiscal year comes to a close and helping clients plan ahead, especially if adjustment of status may be on the horizon. 

Action point: Know whether you should be using the “Dates for Filing” chart or the “Final Action Dates” chart. This can make or break your filing window! 

TN Visa Updates: Jobs Must Match Degrees 

USCIS clarified that job titles and degrees must closely align for TN (NAFTA) visa applicants. For example, “software engineer” must be backed by software engineering or computer engineering degrees to qualify under TN status, ruling out industry standard degree options such as computer science. For clients in IT or professional services, this can affect how you classify and describe positions going forward. 

Our advice: Let us review your job offers and candidate backgrounds before you file anything new. 

TPS Expirations Coming Up: Honduras and Nicaragua 

DHS announced the wind-down of Temporary Protected Status (TPS) for nationals of Honduras and Nicaragua as of September 8, 2025. This adds to the previously announced termination of TPS for Haiti, which ends on February 3, 2026. These dates will trigger changes to work authorization and legal status for certain employees. 

Reminder: If you employ individuals on TPS, let’s confirm their status and next steps early. 

Let’s Talk 

We know immigration isn’t one-size-fits-all. Whether you’re recruiting international professionals, bringing on seasonal labor, or trying to stay ahead of audits, our team is here to help. If you’d like to talk through anything in this update or just want a second set of eyes on your policies, you can reach out anytime. 

BrownWinick’s immigration team supports clients across healthcare, professional services, research, agriculture, and more. We’re focused on clear strategy, responsive counsel, and helping your workforce stay compliant and competitive.