Employment-Based Immigration Update 2025 (Q2): What HR Needs to Know

A plain-English breakdown of what’s changed—and what it means for your foreign national employees

Why This Employment-Based Immigration Update 2025 Q2 Matters for HR

If you employ foreign national workers, immigration isn’t a legal side note—it’s a core part of your people strategy.

Policy changes and processing delays can affect when employees start, how long they can work, and whether they feel secure staying long-term. And when immigration gets messy, HR is usually the one cleaning it up.

Here’s what changed this quarter—and what to do about it.

1. National Interest Waivers (NIW) Just Got Easier for the Right Candidates

The EB-2 National Interest Waiver (NIW) is a green card path that skips the PERM labor certification process—but only for workers whose skills serve the national interest.

What changed: USCIS expanded its definition of "national interest" to include fields like healthcare, clean energy, and advanced tech.

Why this matters for HR:

• If you have employees working in high-impact roles (e.g., R&D, climate science, public health), they may now qualify for faster green card processing.

• It also means fewer headaches with wage-level matching and DOL timelines, since PERM isn't required.

What you should do:

• Flag high-skill employees in eligible fields to your immigration provider

• Ask whether they qualify for NIW under the new guidance

2. Adjustment of Status: Use the Final Action Dates Chart

Each month, USCIS publishes two green card timelines:

• Final Action Date (FAD): When the green card can actually be approved

• Dates for Filing (DFF): When paperwork can be submitted to get in line

What changed: For May and June 2025, USCIS is requiring the Final Action Date chart.

Why this matters for HR:

• It slows down some employees' ability to file—meaning longer wait times and more uncertainty

• It could delay start dates for internal transfers or promotions that depend on green card status

What you should do:

• Review employees waiting to file adjustment of status

• Communicate updated timelines and set realistic expectations

3. EAD Renewals: The 540-Day Auto Extension Is Still Active

An EAD (Employment Authorization Document) is what allows many visa holders (like spouses of H-1B or L-1 employees) to work legally in the U.S.

What changed: Nothing new this quarter—but the automatic extension rule from 2024 is still active. Eligible EAD renewals now get a 540-day extension if filed on time.

Why this matters for HR:

• It prevents work disruptions while renewals are pending

• But it only applies if the renewal is filed before the current EAD expires

What you should do:

• Flag all employees with EADs and set renewal reminders 6 months before expiration

• Work with your immigration provider to confirm eligibility

4. DOL PERM and Prevailing Wage Trends

PERM is the labor certification process required for most green card filings—and it starts with a prevailing wage determination (basically, a minimum salary set by the government).

What changed:

• PERM applications are down from Q1, but processing is still slow

• Prevailing wage requests are increasing, which could cause future backlogs

Why this matters for HR:

• Green card filings tied to future promotions or transfers could be delayed

• Employees might interpret slowdowns as lack of employer support

What you should do:

• Align green card sponsorship timing with compensation and career planning

• Stay in touch with legal to get updates on timelines before communicating with employees

Final Thoughts: Immigration Isn’t Just Legal. It’s Emotional, Strategic, and Your Responsibility.

You don’t need to know every regulation. But you do need to know what changes affect your workforce—and how to respond with clarity.

This employment-based immigration update 2025 Q2 isn’t just policy—it’s your opportunity to lead with clarity, communicate proactively, and support foreign national employees with confidence.

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Note: This document provides general information and should not be considered legal advice. Immigration policies change frequently, and individual circumstances vary. Both employers and employees should consult with qualified immigration counsel regarding specific situations.