Here is a breakdown of the latest U.S. immigration policy updates:

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Updated guidance for TN Visa applicants 

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U.S. Citizenship and Immigration Services (USCIS) has issued updated policy guidance for the TN visa category under the United States-Mexico-Canada Agreement (USMCA), which took effect on 4th June 2025. This new guidance replaces all prior instructions, including those in the Adjudicator’s Field Manual.

The revised policy outlines the criteria that Canadian and Mexican professionals must meet to qualify for TN status. Key requirements include having a prearranged professional-level job offer in the United States and possessing the relevant qualifications, which typically include a bachelor’s degree or professional licence, depending on the role. The update also provides profession-specific guidance, for example, for engineers, economists, physicians, and scientific technicians.

In addition, USCIS has clarified eligibility for dependants. Spouses and unmarried minor children of TN visa holders may accompany or follow the principal visa holder to the U.S., and the new guidance outlines how and when they may do so.

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New USCIS filing fees 

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On 22nd July 2025, USCIS introduced a new version of Form G-1055, updating the fee schedule for a wide range of immigration-related applications. This follows the passage of immigration-related fee measures in the federal reconciliation bill (H.R. 1).

The updated fees affect applications for several core services, including adjustment of status (Form I-485), employment authorisation (Form I-765), and travel documentation (Form I-131). Some applications also require additional fees, which must be submitted separately and are not eligible for fee waivers. While fee waivers remain available for certain forms via Form I-912, applicants should verify their eligibility carefully.

Although the new fee structure took effect from 22nd July, USCIS has announced a grace period: any applications submitted with incorrect fees will not be rejected until after 21st August 2025. After this date, USCIS will reject any filings that do not include the correct payment in accordance with the new schedule.

Further adjustments to fees are expected in future updates from the Department of Homeland Security (DHS), with additional notices to be published in due course.

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Proposed H-1B cap selection reform 

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A proposed rule that could change the way H-1B cap petitions are selected has been submitted to the Office of Management and Budget (OMB) for review, the first formal step in the federal rulemaking process. The proposal, submitted by the Department of Homeland Security, would introduce a weighted selection process for allocating H-1B visas under the annual cap.

While the exact terms of the proposal remain confidential until published in the Federal Register, the rule is expected to prioritise applicants based on certain criteria, potentially including wage levels or educational qualifications. If adopted, this would mark a shift away from the current randomised lottery system and may favour higher-paid roles or more specialised applicants.

This is not the first time such a change has been proposed. A similar rule was finalised in early 2021, aiming to distribute visa slots based on prevailing wage levels. However, that regulation was never implemented and was ultimately set aside. It remains to be seen whether the current proposal mirrors the 2021 version or introduces a different approach.

Once the proposed rule is published, it will be subject to a public comment period before any final decision is made. Implementation could take several months and would not take effect unless it completes the full rulemaking process.

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Should you have any queries regarding the above information or if you require assistance with your corporate, employment or immigration matter, please get in touch with a legal professional at Hudson McKenzie via email at londoninfo@hudsonmckenzie.com or by telephone +44(0) 20 3318 5794.

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The information provided does not amount to legal advice.

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