USCIS has issued a final rule, effective October 2, 2025, introducing Form I-129H2A to streamline H-2A petition filings. Employers may now submit petitions for unnamed beneficiaries once the Department of Labor accepts a Temporary Labor Certification, before final approval. While approval still depends on DOL certification, this change could help reduce delays for agricultural employers facing seasonal deadlines.

With a possible government shutdown approaching on October 1, 2025, employers relying on H-2B visas should prepare for disruptions. While USCIS, CBP, and consulates abroad are expected to continue many operations, the Department of Labor’s FLAG system will shut down, halting prevailing wage requests, H-2B applications (ETA-9142B), H-2A applications (ETA-9142A), LCAs, and PERM filings. Early action and planning are critical to minimize delays.

The administration has proposed replacing the random H-1B lottery with a wage-based selection process favoring higher-paid roles. The rule is still in the notice-and-comment stage, but employers should prepare now. Here’s what you need to know about the proposed changes, the $100k H-1B fee, and what steps to take next.

The White House issued an Executive Order on September 19, 2025, imposing a $100,000 fee on all new H-1B petitions, effective September 21. Initial confusion suggested the fee could apply to all H-1B workers abroad, but USCIS and CBP later clarified it applies only to new filings, with possible exemptions for extensions and amendments. The administration has since confirmed physicians and medical residents may also be exempt, though further guidance is pending.