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