Visa Lawyer Blog

Articles Posted in Nonimmigrants

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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.

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Flickr Creative Commons Attribution Jeroen Akkermans

In the last months, the U.S. Department of State released two significant policy updates that impact both immigrant and nonimmigrant visa applicants. These updates focus on a core change: applicants will now be required to have their visa interviews in their place of residence or country of nationality.

This change has significant consequences for third-country nationals who have traditionally applied for U.S. visas outside their country of nationality, particularly those renewing H-1B, E, O, and L visas, as well as immigrant visa applicants outside the United States.

Immigrant Visa Applicants Must Apply in their Country of Residence

On August 28, 2025, the State Department announced that, starting November 1, 2025, immigrant visa applicants must attend their interviews at a U.S. consulate or embassy located in their country of residence, or in their country of nationality, with limited exceptions. The update applies across all immigrant visa categories, including Diversity Visas.

There are exceptions to this rule, though they are limited. Exceptions may be granted in rare cases involving humanitarian or medical emergencies, or in circumstances involving specific foreign policy considerations. Applicants residing in countries where routine U.S. visa services have been suspended or paused will need to process their case at a designated consular post, which is typically assigned by the State Department to handle cases from those particular regions.

Existing appointments for immigrant visa interviews scheduled prior to November 1st will not be cancelled or rescheduled.

Same Policy Applies to Nonimmigrant Visa Applicants

A similar change was later announced on September 6, 2025, for nonimmigrant visa applicants. Effective immediately, nonimmigrant visa applicants must also apply for their visa in their country of residence or nationality. This means that individuals cannot simply choose a different country’s embassy based on convenience or shorter wait times unless they reside there or are citizens of that country. This applies to all third country nationals who previously traveled to embassies or consulates in Mexico or Canada to renew their nonimmigrant visas.

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patriot-5382547_1280As we celebrate the contributions of hardworking individuals across the nation, we want to take a moment to thank you — our valued clients — for your trust and partnership.

We’re proud to support individuals and families who work tirelessly to build new lives, strengthen their communities, and pursue opportunities in a new country. Your dedication inspires the work we do, and we’re honored to stand beside you in your legal journey.

Wishing you and your loved ones a safe, restful, and well-deserved Labor Day!

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usa-8643859_1280On August 21, 2025, Secretary of State Marco Rubio announced that the State Department is temporarily pausing the issuance of work visas for foreign nationals seeking employment as commercial truck drivers in the U.S.

“Increasing numbers of foreign drivers behind the wheels of large tractor-trailers on America’s roads are putting lives at risk and threatening the jobs of American truckers,” Rubio stated in a post on X.

The likely reason behind this drastic move is a deadly highway crash that occurred in the state of Florida, involving a commercial truck driver who made an illegal U-turn killing at least three people.

Federal authorities claim that the driver entered the United States illegally, did not speak English, and held a limited-term commercial driver’s license from the state of California. According to the California Department of Motor Vehicles (DMV), the federal government confirmed the driver’s legal presence in the United States when it approved his commercial driver’s license in 2024.

Earlier this year, President Trump signed an executive order directing the enforcement of a rule requiring commercial drivers in the U.S. to meet English proficiency standards, with violators subject to being taken out of service. Based on an internal investigation conducted by the U.S. Department of Transportation, the driver failed to establish English proficiency “providing correct responses to just two of 12 verbal questions and only accurately identifying one of four highway traffic signs.”

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interview-7323656_1280Starting September 2, 2025, the U.S. Department of State will implement major changes that limit eligibility for nonimmigrant visa interview waivers.

Under the State Department’s new revised policy, most applicants—including children under 14 and adults over 79—will be required to attend an in-person interview with a U.S. consular officer, with limited exceptions.

This new policy replaces the previous Interview Waiver Update issued on February 18, 2025, and will significantly impact individuals seeking to travel to the United States on a nonimmigrant visa including workers seeking to renew their visas.

Who Can Still Qualify for an Interview Waiver After September 2?

Although the new rules tighten overall interview requirements, certain applicants may still be eligible for an interview waiver, including:

  1. Certain Diplomatic and Official Visa Holders

Applicants under the following visa classes are exempt from the interview requirement:

  • A-1, A-2 (representatives of foreign governments)
  • C-3 (excluding attendants or personal staff)
  • G-1 through G-4 (representatives of international organizations)
  • NATO-1 through NATO-6
  • TECRO E-1 (Taipei Economic and Cultural Representative Office officials)
  1. Diplomatic or Official-Type Visa Applicants

Those applying for visas that support diplomatic or governmental missions may still be eligible for interview waivers.

  1. Applicants Renewing Certain B Visas or Border Crossing Cards

Applicants may qualify for an interview waiver if they meet all the following conditions:

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hand-634653_1280In a recent interview with the New York Times, published on July 25th the new director of the U.S. Citizenship and Immigration Services (USCIS) Joseph Edlow told reporters that the agency is planning sweeping changes to the way the agency awards visas for H-1B high-skilled workers in specialty occupations.

Under current provisions, USCIS conducts a random lottery to select enough applicants to fill the government’s annual H-1B visa quota of 85,000 visas. But that may all soon change.

As we reported last week, the government has been quietly advancing efforts to reform the H-1B visa selection process. On Thursday last week, the Department of Homeland Security submitted a proposed rule—RIN 1615-AD01, titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions” aimed at significantly restructuring the selection system for cap-subject H-1B specialty occupation visas. The proposal is now under review by the White House Office of Information and Regulatory Affairs.

It has not yet been made public, but once approved, the government is required to publish the proposed rule in the Federal Register for public comment as part of the formal rulemaking process.

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programming-8450423_1280A new Department of Homeland Security (DHS) proposed rule known as RIN 1615-AD01 “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions,” seeks to make radical changes to the selection process for new H-1B specialty occupation cap-subject visas.

On Thursday last week, the proposed rule was quietly sent to the White House Office of Information and Regulatory Affairs for review.

If approved, USCIS will publish the proposed rule in the Federal Register for public comment. Once the comment period has closed, USCIS will review the public comments and submit a final rule in the Federal Register with a future effective date.

What is the H-1B Visa Program

The H-1B visa program allows U.S. employers to temporarily hire foreign workers in specialty occupations that require specialized knowledge and at least a bachelor’s degree.

Each fiscal year, U.S. Citizenship and Immigration Services (USCIS) conducts a random lottery to select enough applicants to fill the government’s annual H-1B visa quota of 85,000 visas—65,000 for regular applicants and 20,000 allocated for workers with advanced degrees from U.S. institutions.

Due to high demand, a lottery system is used to randomly select from the pool of eligible registrations submitted by employers each spring. Selected applicants can then file full H-1B petitions for USCIS adjudication.

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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?

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motherhood-7114294_1280Last month, the Supreme Court ruled that lower courts cannot issue nationwide injunctions blocking the Trump administration’s executive order limiting birthright citizenship, except in class action lawsuits.

Prior to the Supreme Court’s ruling, at least three different lawsuits had secured nationwide injunctions protecting all individuals potentially affected by Trump’s executive order restricting birthright citizenship. However, the Court’s ruling scaled back those protections, potentially leaving some children unprotected.

To safeguard all families across the country and address any gaps left by prior legal actions, the American Civil Liberties Union (ACLU) filed a class-action lawsuit, Barbara v. Donald J. Trump to stop the government’s enforcement of the order against all current or future babies born or after February 20, 2025, where:

(1) that child’s mother was unlawfully present in the United States and the child’s father was not a United States citizen or lawful permanent resident at the time of said child’s birth, or

(2) that child’s mother’s presence in the United States was lawful but temporary, and the child’s father was not a United States citizen or lawful permanent resident at the time of said child’s birth.

The U.S. District Judge Joseph Laplante agreed with the plaintiffs and issued a class-wide preliminary injunction blocking Trump’s executive order from being enforced against any affected baby born in the United States after February 20th.

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sarah-kranz-pKqAaTUi0wg-unsplash-scaledIn a significant ruling handed down on Friday, the U.S. Supreme Court limited the power of federal judges to impose nationwide injunctions against President Trump’s executive order aimed at denying birthright citizenship to children born in the U.S. to noncitizens.

While the justices did not rule on the legality of the President’s executive order, this decision is an extraordinary victory for the Trump administration, because it hinders lower courts from intervening in potentially illegal actions by the government.

Historically, lower courts have issued nationwide preliminary injunctions early in litigation to block government conduct that could cause irreparable harm to plaintiffs pending judicial review.

The court’s decision to restrain judges from providing such relief is a remarkable departure from historic precedent and ventures into dangerous territory. It further indicates that the balance of power on the Supreme Court has clearly shifted in Trump’s favor, with six conservative justices backing his position.

What it Means

The ruling means that lower courts cannot stop the enforcement of the executive order on a nationwide basis for affected individuals. The executive order can only be suspended against individuals who have filed lawsuits against the government (either as individual plaintiffs or in class actions) or where a state has issued a state-wide injunction.

It will take time before the Supreme Court ultimately rules on the constitutionality of the executive order, with some legal experts suggesting the process could stretch on for years.

It is also uncertain whether this decision could restrict future nationwide blocks on controversial laws, particularly in other immigration and civil rights cases against the government.

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