The latest announcement from U.S. Department of State has sent ripples through immigration communities: the opening of registration for the Diversity Visa Lottery (DV‑2027) has been delayed, and changes to the entry process are on the horizon.
What’s happening?
On September 19, 2025, the President issued a Proclamation on the Restriction on Entry of Certain Nonimmigrant Workers, requiring any new H-1B petitions to include an additional $100,000 payment as a condition for eligibility.
Following the President’s announcement, USCIS released clarification on the new fee requirement, specifying that the surcharge only applies to new H-1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025. The fee is triggered only when the foreign national beneficiary is outside the United States at the time the petition is filed, and the petition requires visa issuance at a U.S. or port of entry notification.
Importantly, the USCIS guidance also clarifies who is exempt from the surcharge. For example, H-1B petitions filed before the effective date are not subject to the fee. Additionally, individuals already in H-1B status in the U.S.—such as those seeking extensions, amendments, or a change of employer—are not required to pay the surcharge under the current guidance. The responsibility for paying the fee rests with the petitioner (employer), and proof of payment must be included with the petition at the time of filing. USCIS instructs employers to submit the required fee using pay.gov, following the payment instructions.
The 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.
We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the November 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 November, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.
Highlights of the November 2025 Visa Bulletin
At a Glance
What can we expect to see in the month of November?
Employment-Based Categories
There are no changes to the Dates for Filing and Final Action charts for the employment-based categories when compared to the October Visa Bulletin.
Family-Sponsored Categories
Final Action Advancements
U.S. Citizenship and Immigration Services (USCIS) has announced that, effective October 28, it will no longer accept checks or money orders for payment of filing fees, ending the previously permitted payment methods.
What Payment Methods Are Now Accepted?
Payment by ACH Bank Transfer
Starting October 28th USCIS will accept payment of filing fees directly from a U.S. bank account by electronic debit.
To use this payment method, individuals must complete and sign Form G-1650, Authorization for ACH Transactions, and submit it along with their application, petition, or request.
Please note that the bank account must be with a U.S. financial institution, as ACH transactions cannot be processed through foreign banks.
Payment by Credit Card
Alternatively, payment for filing fees can be made using a credit card issued by a U.S. bank, by completing Form G-1450, Authorization for Credit Card Transactions.
Please note that USCIS does not accept credit cards issued by foreign banks.
On October 3, 2025, a coalition of labor unions, healthcare providers, academic institutions, and religious groups, filed a lawsuit urging a federal court to strike down the $100,000 fee imposed on new H-1B petitions by the Trump administration for workers outside the United States.
What the Lawsuit Says
The lawsuit, filed in the U.S. District Court for the Northern District of California, argues that the fee which took effect September 21, violates both the Immigration and Nationality Act and the Administrative Procedure Act. Plaintiffs claim the President lacks authority to unilaterally impose a fee of this kind, especially one designed to raise revenue or direct government spending.
The Trump administration’s sudden rollout of the H-1B fee caused immediate disruptions:
The fee is seen by critics as a threat to institutions that rely heavily on skilled foreign workers—such as universities, health systems, and religious groups—particularly in fields already facing staffing shortages.
Last week, the U.S. Supreme Court handed down a troubling decision that could strip legal status from hundreds of thousands of Venezuelans currently living in the United States under Temporary Protected Status (TPS).
On Friday, the Court granted the Trump administration’s request to halt a lower court ruling that found the administration’s cancellation of TPS protections for Venezuelans unlawful. The unsigned order from the Court effectively allows the government to proceed, for now, with its plans to revoke temporary protections that had shielded Venezuelan nationals from deportation and granted them employment authorization.
TPS was created in 1990 as a humanitarian safeguard for individuals whose home countries are experiencing extraordinary crises such as armed conflict, environmental disasters, or other temporary but severe disruptions. Venezuela was designated for TPS in 2021 under President Biden, in response to the country’s severe economic collapse, widespread human rights abuses, and political instability.
Since then, approximately 300,000 Venezuelans have relied on that protection to live and work legally in the U.S., building lives, paying taxes, and raising families.
Trump Administration Moves to Strip Venezuela’s TPS Designation
But the political tides have shifted. When the Trump administration returned to office, it appointed Kristi Noem as Secretary of Homeland Security. Earlier this year, Noem moved to revoke Venezuela’s TPS designation, arguing that conditions in the country had improved and that continuing the program was no longer in the national interest. That decision sparked immediate legal challenges. A coalition of Venezuelan TPS recipients and advocacy groups sued, claiming the administration’s actions were arbitrary, rushed, and in violation of federal law.
Source: Flickr Creative Commons Attribution mollyktadams
Recent court documents submitted by the government in the case, State of Texas v. United States of America (1:18-cv-00068), reveal that the U.S. Citizenship and Immigration Services (USCIS) may soon resume processing initial DACA applications for individuals living outside of Texas.
Since 2021, new DACA requests had been halted due to a court order which was later applied only to the state of Texas.
Under the proposed plan, USCIS would process initial applications for applicants residing outside of Texas. For those living in Texas, the government would only grant deferred action, without employment authorization or recognition of lawful presence. Moving to Texas could jeopardize a DACA recipient’s work authorization.
The government’s plan still requires court approval, and USCIS has not yet shared any timeline or implementation details if it moves forward.
DACA Refresher
Deferred Action for Childhood Arrivals (DACA) is a program that allows individuals who were brought to the United States as children to remain in the United States temporarily and apply for work permits. While it does not grant legal status, it offers protection from deportation.
Those eligible for DACA include individuals who entered the country as children before their 16th birthday, were under 31 years old as of June 15, 2012, and have not been convicted of a felony, a significant misdemeanor, or three misdemeanors.
On 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.
On Friday evening, President Donald J. Trump signed an executive order establishing a new pathway to permanent residency called “The Gold Card.” This program creates a fast-track green card option for wealthy individuals who make significant “gifts” to the U.S. government through the Department of Commerce.
Highlights
Although clear guidance on the application process has not yet been provided, the executive order outlines several key features:
To qualify for an immigrant visa through the Gold Card program, applicants must provide an unrestricted gift (without conditions or limitations) to the Department of Commerce in the following amounts.
Potential Legal Challenges
The Gold Card Executive Order, aimed at streamlining the visa process for wealthy donors may face several legal challenges. Plaintiffs could argue that it oversteps executive authority by altering immigration policy without congressional approval, potentially violating the Immigration and Nationality Act. Additionally, if the order is seen as favoring certain nationalities or industries, it may prompt lawsuits alleging discrimination or unequal treatment under the law. Legal battles may also arise from states or interest groups concerned about labor market impacts or federal overreach, leading to judicial review that could delay or block its implementation.
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