USCIS Issues New Guidance on $100K H-1B Fee

Following President Trump’s September 19, 2025 proclamation “Restriction on Entry of Certain Nonimmigrant Workers” requiring employers to pay a $100,000 fee for certain H 1B workers seeking to enter the United States, United States Citizenship and Immigration Services (“USCIS”) released additional guidance on October 20, 2025. This update, published on USCIS’s H-1B webpage , clarifies how and when the new fee applies but still leaves several key issues unresolved.

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DHS Ends Automatic Extensions of Work Permits for Renewal Applicants

On October 30, 2025, The Department of Homeland Security (“DHS”) along with United States Citizenship and Immigration Services (“USCIS”) published an interim final rule ending the automatic extension of Employment Authorization Documents (“EADs”) for certain categories of applicants who file renewal requests on or after October 30, 2025. Under the previous regulation, USCIS automatically extended work authorization and EAD validity for up to 540 days for individuals in specific eligibility categories while their renewal applications were pending in an attempt to ease the effects of USCIS delays in processing. The new interim final rule does not affect any EADs that were automatically extended before October 30, 2025.

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Helpful Q and A’s on the New H-1B Visa Rule

Uncertainty continues to surround the new presidential proclamation on H-1B visas, as critical operational details remain unresolved. Employers, attorneys, and H-1B beneficiaries alike should proceed with caution and be prepared for additional guidance and possible changes in the days ahead. We have published a more detailed overview of the proclamation, but in response to the immediate concerns raised by our community, we have prepared answers to some of the most pressing questions. These responses are based on the latest guidance from United Citizenship and Immigration Services (“USCIS”) and other official sources.

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Navigating the New H-1B Executive Action: Advisory for H-1B Visa Holders

On Friday, September 19, 2025, President Trump issued a proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” putting into effect a ban on H-1B specialty occupation employees from entering the United States as of September 21, 2025, unless their employer had paid a $100,000 fee for the sponsored employee. The announcement was unclear and seemed to imply that the newly imposed fee was applicable to all H-1B visa holders who were outside of the US on the 21st of September.  As a result, a frenzy besieged the employment-based immigration community with many H-1B workers receiving “urgent e-mails…with travel advisories to remain in the US and asking those outside the country to return  before the 12:01AM deadline on Sunday, September 21st.

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Trump Administration Intensifies Immigration Crackdowns After Colorado Attack

On June 4, 2025, US Citizenship and Immigration Services, together with US Customs and Border Protection (“CBP”) and Immigration and Customs Enforcement (“ICE”) announced a plan to ramp up the review and enforcement of immigration records. Under the direction of the Secretary of Homeland Security Kristi Noem, the plan targets visa overstays, which the Trump administration claims have increased due to what they call the Biden administration’s weak immigration policies. Since the announcement, as a result of immigration enforcement campaigns carried out by ICE there have been numerous immigration protests beginning in Los Angeles and spanning the country to the East Coast.

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Trump Administration Offers Money and Travel to Migrants Who Choose to Leave

On May 5, 2025, the US Department of Homeland Security (“DHS”) announced a plan to facilitate President Trump’s mass deportation agenda. The administration announced a “historic opportunity” for undocumented migrants to receive a $1,000 stipend and a free trip home if they agree to leave the US of their own accord. To take part in this program, those who decide to self-deport will use the Trump administration’s “CBP Home” App which was launched to aid in voluntary self-deportations.

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New DHS Registration Requirement for Foreign Nationals from April 11, 2025

On April 11, 2025, a significant change to US immigration enforcement took effect. The United States Department of Homeland Security (“DHS”), through US Citizenship and Immigration Services (“USCIS”), began implementing a new registration requirement for certain foreign nationals physically present in the United States for 30 days or longer. This change stems from President Trump’s January 2025 Executive Order titled Protecting the American People Against Invasion and is detailed in an Interim Final Rule published in the Federal Register on March 12, 2025. This post explains what the new registration requirement entails, who it affects, and what actions foreign nationals must take to remain in compliance with US immigration law.

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DHS Publishes H-1B Modernization Final Rule to Improve Program Integrity and Efficiency

On December 18, 2024, the Department of Homeland Security (“DHS”) published a Final rule in the Federal Register modernizing and increasing the efficiency of the H-1B program, adding benefits and flexibilities, and improving integrity measures. This rule will become effective January 17, 2025.

The final rule imposes changes to the H-1B program and codifies a number of existing rules. We must point out that the final rule is quite lengthy; therefore, our summary does not cover all of the changes. We have outlined a few of the most notable updates and changes below which we feel may be of most interest to our community.

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DHS Permanently Increases Automatic Extension of Certain Employment Authorization Documents for Certain Applicants

On December 10, 2024, The Department of Homeland Security (“DHS”) announced a permanent increase in the automatic extension period for employment authorization documents (“EADs”) up to 540-days from the current 180-days period for certain applicants who timely and properly filed their Form I-765 applications for work authorization.

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