Immigration Law Blog | Burr & Forman LLP https://www.burr.com/immigration-law-insights/ Wed, 15 Jul 2026 21:40:35 -0400 Federal Court Vacates $100,000 H-1B Fee https://www.burr.com/immigration-law-insights/federal-court-vacates-100-000-h-1b-fee Jonathan C. Eggert, Melissa Azallion Kenny, Anna L. Scully federal-court-vacates-100-000-h-1b-fee Mon, 08 Jun 2026 09:00:01 -0400 Federal Court Vacates $100,000 H-1B Fee

In a ruling issued June 8, 2026, a federal court in Massachusetts vacated the $100,000 supplemental payment requirement imposed on employers filing certain H-1B visa petitions. The decision delivers significant cost relief for employers seeking to sponsor foreign workers under the H-1B program. The court found the payment requirement—imposed by Presidential Proclamation in September 2025—was an unlawful tax that exceeded presidential authority and violated federal administrative law on multiple grounds. The ruling vacates the ...

]]> Proposed Increase in Prevailing Wages Could Affect Employers of Certain Foreign Workers  https://www.burr.com/immigration-law-insights/proposed-increase-in-prevailing-wages-could-affect-employers-of-certain-foreign-workers Anna L. Scully, Jonathan C. Eggert, Melissa Azallion Kenny proposed-increase-in-prevailing-wages-could-affect-employers-of-certain-foreign-workers Thu, 23 Apr 2026 09:00:02 -0400 The Department of Labor ("DOL") has issued a proposal which could affect employers of certain nonimmigrant (H-1B, H-1B1, E-3) and/or immigrant (EB-2/EB-3 PERM) workers. For those affected employers, the prevailing wage for those employees could increase by more than 33% if the rule is implemented.

Background

In various employment-based immigration contexts, sponsors are required to pay foreign workers at a level equaling or exceeding the prevailing wage assigned by DOL. The prevailing wage rate is based on a four-tier scale: Level I (entry), Level II (qualified), Level III ...

]]> DOL Audits of H-1B Sponsorships Likely to Increase Under “Project Firewall” https://www.burr.com/immigration-law-insights/dol-audits-of-h-1b-sponsorships-likely-to-increase-under-project-firewall Jonathan C. Eggert, Melissa Azallion Kenny, Anna L. Scully dol-audits-of-h-1b-sponsorships-likely-to-increase-under-project-firewall Tue, 27 Jan 2026 09:00:03 -0500 The H-1B visa classification was established as a nonimmigrant, temporary worker program to aid U.S. employers unable to fill highly specialized positions (those requiring a bachelor’s degree or its equivalent).  The regulations were designed to protect U.S. as well as H-1B employees by implementing procedures to ensure wages and duties are nondiscriminatory. These regulations include U.S. Department of Labor (DOL) certification that the position being offered to a foreign national meets the established prevailing wage through a Labor Condition Application or “LCA.” ...

]]> Travel and Immigration Benefit Restrictions Expand to Start 2026 https://www.burr.com/immigration-law-insights/travel-and-immigration-benefit-restrictions-expand-to-start-2026 Jonathan C. Eggert, Melissa Azallion Kenny, Anna L. Scully travel-and-immigration-benefit-restrictions-expand-to-start-2026 Mon, 19 Jan 2026 09:00:04 -0500 The immigration landscape has changed considerably since President Trump re-took office in January 2025, and with the recent expansion of travel restrictions and an immigration benefit pause as well as the partial suspension of immigrant visa issuance, it appears 2026 will be no different. 

Expanded Travel Ban and Immigration Benefit Suspension

In June 2025, the administration announced entry restrictions for nationals of certain countries, including a full travel ban for nationals  of 12 countries and a partial ban for nationals of seven more.  In December 2025, U.S. Citizenship ...

]]> Online Presence Review Forcing H-1B/H-4 Visa Interview Rescheduling/Delays https://www.burr.com/immigration-law-insights/online-presence-review-forcing-h-1b-h-4-visa-interview-rescheduling-delays Jonathan C. Eggert, Melissa Azallion Kenny, Anna L. Scully online-presence-review-forcing-h-1b-h-4-visa-interview-rescheduling-delays Fri, 12 Dec 2025 09:00:05 -0500 H-1B and H-4 visa applicants have joined the growing list of visa categories subject to the Department of State’s “online presence review.”  Starting December 15, 2025, H-1B and H-4 visa applicants, including those applying for an extension, will be subject to a review of their online presence, including social media accounts, as part of the visa application process.  Applicants will be required to update their social media accounts to “public” and may expect delays in appointment availability and visa issuance.  This announcement follows the same operational change in ...

]]> FAQ: USCIS Clarifies New H-1B Visa Fee Rule https://www.burr.com/immigration-law-insights/faq-uscis-clarifies-new-h-1b-visa-fee-rule Jonathan C. Eggert, Melissa Azallion Kenny, Anna L. Scully faq-uscis-clarifies-new-h-1b-visa-fee-rule Tue, 21 Oct 2025 09:00:06 -0400 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. 

  1. Who is subject to the fee?: The new fee applies in a number of different ...
]]> H-1B Fee Update: Lawsuit Challenges New $100,000 Fee https://www.burr.com/immigration-law-insights/h-1b-fee-update-lawsuit-challenges-new-100-000-fee Jonathan C. Eggert, Melissa Azallion Kenny, Anna L. Scully h-1b-fee-update-lawsuit-challenges-new-100-000-fee Wed, 08 Oct 2025 09:00:07 -0400 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 ...

]]> H-1B Approvals and Entry Conditioned on New $100,000 Fee https://www.burr.com/immigration-law-insights/h-1b-approvals-and-entry-conditioned-on-new-100-000-fee Jonathan C. Eggert, Melissa Azallion Kenny, Anna L. Scully h-1b-approvals-and-entry-conditioned-on-new-100-000-fee Sat, 20 Sep 2025 09:00:08 -0400 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 ...

]]> Department of State Ends Third Country National Nonimmigrant Visa Processing https://www.burr.com/immigration-law-insights/department-of-state-ends-third-country-national-nonimmigrant-visa-processing Jonathan C. Eggert, Melissa Azallion Kenny, Anna L. Scully department-of-state-ends-third-country-national-nonimmigrant-visa-processing Thu, 11 Sep 2025 09:00:09 -0400 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 ...

]]> White House Restricts U.S. Entry of Certain Foreign Nationals https://www.burr.com/immigration-law-insights/white-house-restricts-u-s-entry-of-certain-foreign-nationals Jonathan C. Eggert, Melissa Azallion Kenny, Anna L. Scully white-house-restricts-u-s-entry-of-certain-foreign-nationals Thu, 05 Jun 2025 09:00:10 -0400 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 ...

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