Visa Lawyer Blog

Articles Posted in Employment

by

hiring-1977803_1280On October 29, 2025, the Department of Homeland Security (DHS) announced an interim final rule that will end the automatic extension of employment authorization documents (EADs) for most renewal applicants effective October 30, 2025.

In this post, we’ll unpack what’s changing, who it affects, the rationale behind the change, and what individuals and employers should do to prepare.

What was the previous policy?

Historically, noncitizens who held valid EADs (Form I-766) and timely filed a renewal application (Form I-765) before their current EAD expired often automatically received continued employment authorization while the renewal was pending. This “automatic extension” policy served as a buffer to prevent employment gaps.

These policies helped many workers avoid a lapse in authorization while waiting for processing of their renewal application.

What is changing now?

Starting October 30, 2025, the automatic extension of work authorization for most renewal applicants will end.

What to know

  • If you file your I-765 renewal on or after October 30, 2025, you will not receive an automatic extension of your EAD for most categories.
  • The rule affects many categories of renewal applicants, including (but not necessarily limited to) those applying under asylum, adjustment of status, H-4 dependent spouses (EAD category C26), etc.
  • Automatic extensions that were already granted (for renewal applications filed before the cut-off) remain valid.
  • Some limited exceptions remain, notably for certain categories such as those tied to TPS (Temporary Protected Status) where automatic extension may still be provided by law or Federal Register notice.

In short, you will not be authorized to keep working simply because you filed a renewal — you must wait for the new EAD to be approved by USCIS.

Continue reading

by

arrow-1238788_1280The U.S. Department of Homeland Security (DHS) has introduced a new $1,000 immigration parole fee for most individuals granted parole into the country, effective October 16, 2025.

Announced by DHS and USCIS under the H.R. 1 legislation, the fee applies at the time parole is granted, even if the application was filed before the rule took effect. Only a few narrow exceptions are available such as for those applying for green cards returning after temporary travel abroad and those facing medical emergencies.

Officials say the policy aims to curb “rampant abuse” of the parole system and ensure the government recovers administrative costs. It also comes alongside broader fee increases for other immigration benefits, including work permits for parolees and asylum seekers.

This marks a major shift in how parole is handled, making the process more restrictive and costly.

Applicants will now face higher financial barriers, and exceptions will be tightly limited, signaling a tougher stance on parole admissions going forward.

Starting October 16, 2025, if your parole or re-parole request is approved and requires the immigration parole fee, you will receive a notice with payment instructions and a deadline.

The fee must be paid in full and on time before your request can be approved. Parole will not be granted if the payment is not completed as instructed by USCIS.

Continue reading

by

people-4009327_1280On September 24, 2025, the Department of Homeland Security (DHS) issued a proposed rule that would change the current selection process for selecting H-1B visa petitions subject to the annual numerical limits established by the Immigration and Nationality Act.

Under the proposed rule, the current random lottery system would be replaced with a wage-based selection process that prioritizes the selection of H-1B workers offered higher salaries by sponsoring employers.

The goal is to better align the H-1B program with U.S. labor market needs by increasing the chances of selection for higher-paid, and presumably higher-skilled, foreign workers. This change aims to reduce the potential for abuse in the system, discourage mass low-wage registrations, and ensure that the most economically valuable positions are filled through the H-1B program.

What may change

Currently, the U.S. government selects H-1B visa petitions through a randomized lottery system due to the annual numerical cap on available visas. Employers first submit electronic registrations for each prospective H-1B worker during a designated registration period, typically held in March. Because the demand for H-1B visas consistently exceeds the supply, the U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to determine which petitions can proceed with applying for H-1B visas.

There are two separate caps under the H-1B program: the regular cap of 65,000 visas and an additional 20,000 visas reserved for individuals who hold advanced degrees from U.S. institutions (commonly referred to as the master’s cap). All registered beneficiaries, including those with U.S. advanced degrees, are first entered into the regular cap lottery. After 65,000 are selected, those with U.S. master’s degrees who were not chosen in the initial round are entered into a second lottery for one of the 20,000 advanced degree slots.

This current system does not prioritize applicants based on wage levels, qualifications, or skills. Selection is purely random as long as the minimum eligibility requirements are met.

However, the Department of Homeland Security (DHS) is proposing changes that would shift the selection process to favor higher-paid workers.

Continue reading

by

ai-generated-9069946_1280The legal immigration landscape was shaken once again late Friday evening when the President issued a new proclamation barring new H-1B workers from entering the United States—unless their employers pay a $100,000 fee for each sponsored employee.

The proclamation took effect at 12:01 a.m. EDT on Sunday, September 21, and will remain in effect until a court order halts its implementation.

Emergency Litigation

A surge of emergency lawsuits is expected to be filed by impacted H-1B workers and their sponsoring employers, seeking a nationwide injunction to stop the implementation of the executive order. A court could issue an injunction as early as Monday. We will provide litigation updates as they develop in the coming days.

Highlights of the Executive Order

  • Effective today September 21, 2025, certain H-1B workers will be denied entry into the United States unless their employer pays a $100,000 fee on their behalf, according to the proclamation signed by President Trump late Friday.
  • Application: The ban on entry and the associated fee requirement applies only to any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025.
  • The proclamation does not apply to:
    • any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.
    • does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
    • does not prevent any holder of a current H-1B visa from traveling in and out of the United States.
  • Misuse of B Visas: The proclamation warns that individuals with approved H-1B petitions should not misuse B visas to enter the U.S. for jobs that start before October 1, 2026.
  • National Interest Exemptions: The proclamation grants the Department of Homeland Security authority to issue exemptions for individuals, specific employers, or workers in designated industries—if the agency determines that the H-1B employment serves the national interest and poses no threat to U.S. security or public welfare.
  • Termination: Absent a court order, this restriction will remain in effect for 12 months but may be extended based on recommendations from federal immigration agencies. An extension would continue the ban for individuals approved under the FY 2027 H-1B cap.
  • Changes to the Prevailing Wage: Besides restricting H-1B entry, the proclamation directs the Department of Labor to revise prevailing wage levels and prioritize H-1B approvals to high-skilled, high-paid H-1B workers.

In the hours after the proclamation was issued, chaos unfolded as H-1B visa holders, advised by their employers and legal counsel, abandoned flights and canceled international travel due to uncertainty about how the proclamation would be enforced at the U.S. border.

Adding to the uncertainty was the absence of clear guidance from immigration authorities, including the Department of Homeland Security (DHS) and Customs and Border Protection (CBP), about how the proclamation is to be enforced against current H-1B visa holders and approved beneficiaries.

Continue reading

by

pumpkin-5517221_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the October 2025 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

For adjustment of status filings to permanent residence in the month of October, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.

Highlights of the October 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of October?

Employment-Based Categories

Final Action Advancements

  • At the start of the new fiscal year in October, the Final Action Dates for several EB-1, EB-2 and EB-3 countries will move forward, but none will advance by more than three and a half months, except for two notable exceptions:
    • EB-3 Other Workers China which will advance by 7 months and
    • The Final Action Date for EB-5 India will advance by almost 14 months

Continue reading

by

update-1672349_1280On September 3, 2025, the Department of Homeland Security (DHS) announced the termination of the 2021 designation of Temporary Protected Status (TPS) previously granted to Venezuelans by President Biden.

The government’s actions mean that the 2021 designation for Venezuela TPS and any associated TPS-related protection and documentation for beneficiaries will expire on September 10, 2025. The termination becomes effective 60 days after publication of the Federal Register notice.

Venezuelans have long been targeted by the Trump administration due to organized crime from violent Venezuelan gangs such as the Tren de Aragua.

Therefore, it comes as no surprise that President Trump has called to dismantle TPS protections for Venezuelan nationals.

What this means

  • 2021 Venezuela TPS Designation: TPS will remain valid for current beneficiaries until September 10, 2025. The termination of the 2021 designation cannot take effect until 60 days after the termination notice is published in the Federal Register.

All TPS protection and associated work authorization will expire on the dates indicated above.

Continue reading

by

dollar-2931882_1280On Tuesday, the U.S. Citizenship and Immigration Services (USCIS) will issue a Federal Register notice enforcing new fees for certain immigration benefit requests postmarked on or after July 22, 2025. Benefit requests submitted to the agency without the proper fees will be rejected.

These new fees are part of the H.R. 1 Reconciliation Bill. A portion of these new fees will be deposited into a U.S. Treasury account that primarily funds the operations of USCIS.

Please be aware that the Federal Register Notice does not include all the new fees mandated by the new bill. The Department of Homeland Security (DHS) will issue a future announcement regarding the implementation of fees that have not been addressed in Tuesday’s notice.

What are the new fees?

Continue reading

by

gavel-7499921_1280In a stunning turn of events, on Tuesday a federal judge in New York blocked the Trump administration from ending Temporary Protected Status (TPS) benefits for Haitians ahead of schedule, ruling that DHS violated the law in attempting to strip deportations and work permits from over half a million Haitians.

The ruling comes in response to the Department of Homeland Security’s abrupt announcement that it would be terminating Haiti’s TPS designation effective September 2, 2025.

In a decision issued Tuesday, District Court Judge Brian M. Cogan found that accelerating the program’s expiration by at least five months was unlawful and that the government failed to follow required procedures mandated by Congress, such as conducting a review of current conditions in Haiti before ending its TPS designation—a requirement that was not followed in this case.

Continue reading

by

engineer-4690505_1280The United States Citizenship and Immigration Services (USCIS) recently released detailed statistics and data regarding the number of beneficiaries selected during the fiscal year 2026 H-1B cap season, highlighting the highly competitive nature of the visa process.

Each year, the H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations, and demand for these visas has consistently gotten tougher throughout the years.

The FY 2026 data shows a significant drop in H-1B registrants, with 126,361 fewer applicants compared to the previous year.

Overview

During the fiscal year 2026 H-1B cap season:

  • USCIS received eligible registrations for 336,153 unique beneficiaries and selected just 118,660 – or approximately 35.3% – of these beneficiaries.
  • The overall number of registrations submitted in FY 2026 decreased dramatically from 470,342 eligible registrations filed last year to just 343,981 eligible registrations filed this year.
  • On average, each beneficiary only had approximately one registration submitted on their behalf.
  • USCIS is not expected to announce a second cap lottery until at least July 2025, after the current H-1B filing period closes.

Continue reading

by

ai-generated-9069949_1280On May 12, 2025, Secretary of Homeland Security Kristi Noem announced that the State Department will not renew Temporary Protected Status (TPS) benefits for Afghanistan once the current designation expires on May 20, 2025.

Beneficiaries will be granted a 60-day transition period to make preparations to either depart the United States or seek alternative lawful immigration status in the United States, before Afghanistan’s designation officially terminates on July 14, 2025.

Employment Authorization

Beneficiaries with valid TPS Employment Authorization Documents (EADs) will continue to be authorized to work during the 60-day transition period.

DHS announced the agency will be automatically extending the validity of certain EADs previously issued under the TPS designation of Afghanistan through July 14, 2025.

As proof of continued employment authorization through July 14, 2025, TPS beneficiaries can present an EAD that has the notation A-12 or C-19 under Category and a “Card Expires” date of November 20, 2023, or May 20, 2025.

How We Got Here

Afghanistan was initially designated for TPS during the Biden administration on May 20, 2022. The designation was made based on the Secretary’s determination of ongoing armed conflict and extraordinary conditions in Afghanistan preventing the return of its nationals.

Continue reading