September 2025 Immigration Roundup: EB-2 Cap Hit, USCIS Payment and Policy Changes

Several significant immigration policy developments in early September 2025 carry direct implications for employment-based applicants, including those pursuing EB-3 status. The most notable employment-based development is the exhaustion of all EB-2 immigrant visa numbers for fiscal year 2025. U.S. embassies and consulates cannot issue additional EB-2 visas until October 1, 2025, when FY2026 numbers reset. While this directly affects EB-2 applicants, it signals continued high demand across employment-based categories and may influence EB-3 priority date movement in the coming fiscal year. USCIS has implemented a mandatory payment system change: effective October 28, 2025, paper checks and money orders will no longer be accepted. All fees must be paid via electronic debit from a U.S. bank account. EB-3 applicants with pending or upcoming filings — including I-140 petitions and adjustment of status applications — should confirm they can pay electronically before the deadline. The Department of State has announced that immigrant visa applicants will be required to attend consular interviews in the designated district for their place of residence, or in their country of nationality upon request, with limited exceptions. This affects all immigrant visa applicants in EB-3 categories and may reduce scheduling flexibility for those residing outside their home country. On the labor certification front, the Department of Labor's OFLC has archived its searchable FAQ database, which will no longer be updated. Employers and attorneys managing PERM labor certifications — a prerequisite for most EB-3 filings — should no longer rely on this resource and should consult current official OFLC guidance. Additionally, USCIS updated its adjudication policy to weigh 'anti-Americanism' when evaluating immigrant benefit applications and naturalization good moral character determinations.