As we reflect on the past year, we are sincerely grateful for the trust and confidence you place in our office. It is our privilege to serve you, and we appreciate the opportunity to support you and your families.
In observance of the Thanksgiving holiday, our office will be closed on Thursday November 27th and Friday November 28th. We will resume normal business hours on the following business day.
We wish you and your loved ones a warm, safe, and joyful Thanksgiving.
On November 12, 2025, a federal court ruling in the case Moody et al. v. Mayorkas et al. granted relief to new investors in the EB-5 program by halting the increased application fees introduced by the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2024.
What fees were increased?
Here’s a quick breakdown of the fee changes that were challenged:
On 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
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.
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.
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.
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.
The 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
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.
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.
On 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
All TPS protection and associated work authorization will expire on the dates indicated above.
As 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!
Visa Lawyer Blog