August 2025 Visa Bulletin: EB Numbers Nearing Exhaustion
The Department of State warns that employment-based (“EB”) immigrant visa numbers in the EB-2, EB-3 and EB-5 categories are close to reaching the FY2025 annual limit and may be marked “unavailable” before September 30. New numbers will be issued with the start of the new fiscal year on October 1, 2025. A key change includes a six-week retrogression in the EB-2 final action date for all countries except China and India, moving from October 15, 2023, to September 1, 2023. USCIS will use the Final Action Dates chart for August filings. Consult with your immigration counsel to assess timing strategies and preserve nonimmigrant visa validity where applicable.
USCIS Narrows TN Visa Eligibility Under Updated Guidance
U.S. Citizenship and Immigration Services (“USCIS”) has issued updated policy guidance narrowing eligibility for TN nonimmigrant classification under the United States-Mexico-Canada Agreement (“USMCA”). Effective immediately, TN employment must be with a U.S.-based entity and places greater emphasis on the alignment between an applicant’s academic credentials and proposed job duties. Foreign employers—including those with a U.S. presence—may no longer qualify, and self-employment remains expressly prohibited.
Canadian applicants must now apply at designated Class A land ports of entry or U.S. airports authorized to process international arrivals. CBP preclearance locations outside of Canada are no longer permitted to accept TN applications.
Employers should work with immigration counsel to review both prospective and ongoing TN sponsorships to ensure that job descriptions, educational qualifications, and internal structures align with the revised criteria—particularly in advance of renewals or extensions.
The Department of Justice Increases Fines for Immigration-Related Violations
Effective July 3, 2025, the Department of Justice issued a final rule increasing civil penalties for a range of immigration-related violations. The updated fines apply retroactively to violations occurring after November 2, 2015.
Increased penalties affect violations, such as:
- Committing document fraud
- Engaging in unfair immigration-related employment practices
- Failing to act on final E-Verify non-confirmations
- Hiring unauthorized workers
The heightened penalties significantly increase both legal and financial exposure for immigration-related noncompliance across HR operations. Consult your immigration legal counsel to evaluate internal procedures and audit your I-9 files to mitigate risk and liabilities.
Did You Know?
A Single IRS Form Can Help Your Business Save Money and Hire Global Talent. The R&D tax credit is a federal incentive that rewards companies for investing in qualified research and development activities by allowing them to offset income and payroll tax liabilities. The credit can be calculated based on expenses such as wages, supplies, and contractors costs tied to the development of new or improved products, processes, or technologies. More than just a tax benefit, the R&D credit can also enhance the credibility of U.S. visa petitions. Companies actively engaged in R&D may be better positioned to sponsor foreign nationals for green cards as well as E-2, H-1B, L-1, O-1, or TN visas by demonstrating innovation, business viability, and the need for specialized expertise. Taking advantage of the R&D tax credit allows businesses to strengthen their financial position while reinforcing the case for hiring and sponsoring highly skilled foreign talent—all through the filing of a single IRS form.