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On September 19, 2025, the White House issued a Presidential Proclamation purporting to add a new $100,000 fee to certain H-1B applicants. Ambiguity in the Presidential Proclamation and subsequent guidance issued by USCIS, CBP, and the Department of State left many questions unanswered. Additional guidance issued by USCIS on October 20, 2025, has provided some clarity and potential good news for some H-1B employers and beneficiaries. Below are some frequently asked questions answered by the updated guidance.
- Who is subject to the fee?: The new fee applies in a number of different ...
On September 19, 2025, the White House issued a Presidential Proclamation, restricting certain foreign nationals from entering the United States in H-1B status without payment of a $100,000 fee. The Proclamation also restricts the approval of certain H-1B petitions by USCIS without payment of the new fee.
On October 3, 2025, a group of affected organizations and employers filed a federal lawsuit in the Northern District of California challenging the Proclamation. The lawsuit alleges the Presidential Proclamation exceeds the limits of executive authority under the Immigration ...
The White House issued a Presidential Proclamation on September 19, 2025 that could have significant impacts on H-1B employers and beneficiaries, alike. As of 12:01 a.m. EST on Sunday, September 21, 2025 (the proclamation’s effective date), the proclamation restricts the entry of any foreign national into H-1B status without a new $100,000 fee.
Details on how the proclamation will be implemented and/or applied are somewhat unknown and little guidance has been provided by the administration. What seems clear is H-1B workers who are outside the United States on the ...
The Department of State has long advised Foreign Nationals to apply for visa stamping in their country of nationality or residence, but in practice, many Consulates regularly allowed Third Country Nationals (“TCNs”) the opportunity to apply for visas in countries that may be more convenient. However, effective September 6, 2025, the Department of State updated its instructions, directing visa applicants to schedule their interviews exclusively in their country of nationality or residence.
Nationals of countries where the U.S. government is not conducting routine ...
On June 4, 2025, President Trump issued an Executive Order (“the Order”) restricting the ability of nationals from nineteen (19) countries from entering the United States. The following countries are subject to what the Order terms “Full Suspension of Entry”, meaning all entry of immigrants and nonimmigrants is suspended: Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. The following seven (7) countries are subject to Partial Suspension of Entry: Burundi, Cuba, Laos, Sierra Leone, Togo ...
The Department of Homeland Security (“DHS”) has announced plans to terminate a parole program that permitted more than 500,000 foreign nationals from Cuba, Haiti, Nicaragua, and Venezuela to enter the United States and obtain Employment Authorization Documents (“EAD”). The Trump administration entered an executive order on January 20, 2025, directing DHS to terminate the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans program (more commonly known as “CHNV”). As part of an announcement last week, DHS formally released a rule in the Federal Registry ...
In what some might consider a parting gift from the Biden administration, the U.S. Department of State revised the J-1 Exchange Visitor Skills List, resulting in removal of foreign nationals from more than thirty countries. Foreign nationals who come to the United States on a J-1 visa to participate in a cultural exchange program can find themselves subject to a two-year home residency requirement if their field of study is listed on the Exchange Visitors Skills List for their home country. Following completion of a J-1 program, those subject to the home residency requirement must ...
Immigration was a hot topic throughout the 2024 Presidential campaign, and President Trump continued to keep the issue top of mind on his first day in office by issuing several immigration-related executive orders. While the media has primarily focused on impacts related to individuals who may be subject to the administration’s removal priorities, several executive orders could have implications for employers. The following provides a summary of some of the executive orders’ potential impacts on businesses:
Executive Order Protecting the United States from Foreign ...
U.S. Citizenship and Immigration Services (“USCIS”) recently announced plans for the 2026 Fiscal Year H-1B lottery. The FY2026 H-1B lottery registration period will open at 12:00 p.m. EST on March 7, 2025, and close at 12:00 p.m EST on March 24, 2025.
In order to qualify for an H-1B visa, a candidate must be sponsored to fill position that requires at least a U.S. Bachelor’s degree in a specific specialty. H-1Bs are considered one of the more flexible work visas and can be appropriate for a variety of industries, including manufacturing, healthcare, engineering, IT, and ...
Foreign nationals often plan international travel during the holidays. As a result, it is one of the busiest times of year for visa processing at U.S. Consulates and Embassies. Here are a few helpful considerations to make foreign national holiday travel a little less stressful for both employment-based visa sponsors and beneficiaries.
Do I have a valid visa?
The time to check visa validity is before travel. Discovering an expired visa upon attempting return to the U.S. can cause both unnecessary stress for the foreign national and negative impacts to employer operations. The ...