Visa Lawyer Blog

Articles Posted in Policies

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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.

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a-plastic-card-1647376_1280U.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.

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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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raul-najera-TAqspfWom04-unsplash-1-scaledOn September 18, 2025, the U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register announcing the implementation of a newly revised civics test for naturalization applicants, known as the 2025 Naturalization Civics Test.

This updated version builds on the 2020 test—and will replace the existing 2008 civics examination for most applicants.

The civics test remains a key component of the naturalization process, intended to evaluate an applicant’s knowledge of U.S. history, government, and civic responsibilities. While the English language portion of the test remains unchanged, the civics section has been updated to improve clarity and educational relevance.

What’s New & What’s the Same

  • The 2025 Civics Test builds off the 2020 version (which had been previously introduced by the Trump administration but not widely used), making modifications in content and procedure.
  • About 75% of the questions come from the 2008 test—some carried over exactly, others reworded or updated to reflect current educational goals. The rest (~25%) are entirely new content. Some 2008 questions were removed altogether.
  • English‑language requirements remain the same. The focus is on updating the civics portion only.

Key Changes in Test Procedure

  • The question bank used is the same 128‑question bank that had been introduced in 2020.
  • Applicants will be asked up to 20 questions and must answer at least 12 correctly to pass.
  • A procedural change: the USCIS officer can stop asking additional questions once the applicant either passes (i.e. reaches 12 correct answers) or fails (i.e. accumulates 9 incorrect answers). This reduces extra, unnecessary questions for both parties.

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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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statue-9782657_1280On Tuesday, August 19th, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance clarifying that immigration officers will assess a range of factors when determining whether to grant a favorable exercise of discretion in the green card process—signaling a tougher stance that may create additional hurdles for applicants seeking approval.

Even where a person has met all eligibility requirements for a green card, officers are required to conduct a discretionary analysis to determine whether an application should be approved. This exercise of discretion involves weighing positive factors against negative ones and considering the totality of the circumstances of each applicant’s case.

Among these factors, immigration officers will need to consider the “[legality of] past requests for parole,” “any involvement in anti-American or terrorist organizations,” and “evidence of antisemitic activity,” which are counted as negative factors weighing against a favorable exercise of discretion.

This guidance is also meant to provide clearer guidance to immigration officers on the “substantial negative discretionary weight” that should be given in cases where an individual has “endorsed, promoted, supported, or otherwise espoused the views of a terrorist organization or group.” This includes those supporting or promoting anti-American sentiments, antisemitic terrorism, terrorist groups with antisemitic agendas, or antisemitic beliefs.

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raul-najera-TAqspfWom04-unsplash-scaledOn Friday August 15th, the U.S. Citizenship and Immigration Services (USCIS) released a new policy memorandum (PM-602-0188) increasing the scrutiny of applications for U.S. citizenship, as part of the Trump administration’s latest efforts to tighten eligibility for naturalization.

Specifically, USCIS has directed immigration officers to evaluate additional factors when assessing whether applicants demonstrate “good moral character,” a key requirement for naturalization, alongside passing English and civics tests.

The requirement of “good moral character” is typically met when applicants have no criminal history or have not engaged in conduct that would disqualify them from U.S. citizenship, such as committing violent crimes or aggravated felonies.

Friday’s policy memorandum however expands this determination stating that the “good moral character” assessment must involve more than a “cursory mechanical review focused on the absence of wrongdoing.” The expanded policy will now require “a holistic assessment of an alien’s behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.”

This directive mandates greater scrutiny of factors that could show a lack of “good moral character,” which go beyond the crimes and disqualifying conduct previously taken into consideration by USCIS.

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the-now-time-KXUKLB-_Sb0-unsplash-scaledOn August 1st the U.S. Citizenship and Immigration Services (USCIS) announced new policies that could make immigrants applying for green cards through family-based petitions more vulnerable to deportation.

The changes appear in various updates to USCIS’ Policy Manual which states that immigration officials can begin removal proceedings for immigrants who lack legal status and apply to become permanent residents through family-based petitions.

According to the Policy Manual, “if USCIS determines the alien beneficiary is removeable and amenable to removal from the United States, USCIS may issue a Notice to Appear (NTA) [in immigration court] placing the beneficiary in removal proceedings. Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal.”

The new policy went into effect immediately and applies to pending requests for a green card, and those filed on or after August 1st.

While the practical impact of this policy is yet to be seen, it provides immigration officials with more discretion to initiate removal proceedings even where a green card application is pending with USCIS, for those who entered the U.S. illegally, overstayed a U.S. visa, or otherwise failed to maintain their legal status.

These policy changes underscore the importance of maintaining underlying legal status throughout the green card process. Those who lack legal status or who lost their status during the green card process may be most at risk.

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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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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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