Burr's Immigration practice group leader Melissa Kenny was featured in Law360 discussing how rapidly shifting immigration policies in 2025 have reshaped daily practice for attorneys and created uncertainty for employers navigating compliance, workforce planning, and visa strategy. The article examines sweeping enforcement actions, adjudication challenges, and policy changes that have left businesses scrambling to adapt.

Melissa addressed the administration’s announcement of a new $100,000 fee for certain H-1B petitions, noting that despite subsequent guidance, significant uncertainty remains. “There are still a lot of unanswered questions,” she said, particularly surrounding how exemptions may be applied. She explained that while U.S. Citizenship and Immigration Services outlined four exemption criteria, “I think where we find ourselves is trying to figure out — to the extent a client wants to request one of these exceptions — how do we successfully argue those four factors.”

Melissa also pointed out that elements of the new framework mark a departure from traditional immigration practice. She noted that one of the criteria outlined by USCIS has never historically been part of the H-1B selection process, reinforcing the difficulty employers face when assessing eligibility and compliance under evolving standards.

Taken together, Melissa’s insights reflect the broader challenges highlighted throughout the article, as employers and immigration counsel navigate ongoing policy volatility, heightened scrutiny, and limited guidance. Her commentary underscores the importance of staying informed and proactive as immigration enforcement and adjudication practices continue to evolve.