The Department of Homeland Security (“DHS”) has announced a significant change to how H-1B cap registrations will be selected. A final rule published in the Federal Register on December 29, 2025 revises the long-standing random lottery system used for H-1B cap selection, replacing it with wage-based selection. The rule will take effect on February 27, 2026, and will apply to the Fiscal Year 2027 (“FY2027”) H-1B cap registration season. The lottery selections for FY2027 are made on April 1, 2026.
Read moreTrump Expands Travel Ban
On December 16, 2025, President Trump executed a Presidential Proclamation expanding administration’s full and partial suspensions of immigrant and nonimmigrant visa issuance announced this past June to an additional twenty countries and the Palestinian Authority. With this expansion, there are now more than 35 countries subject to US travel restrictions. The new travel ban will be effective as of January 1, 2026.
Read moreTrump Administration’s Gold Card Program is Live
On December 10, 2025, the Trump Administration rolled out President Trump’s Gold Card program, and the official website is now live and accepting applications. Under the published framework, applicants are required to pay a $15,000 nonrefundable fee for themselves to “unlock life in America”. Individuals who wish to include dependents must pay an additional $15,000 for each qualifying dependent. Upon receipt and processing of this payment, applicants are instructed to submit Form I-140G to USCIS in order to initiate the government’s vetting and background check process. Following the completion of background checks, applicants who are approved must then pay a further contribution of $1 million for individual applicants, or $2 million for those sponsored by a corporate entity.
Read moreTrump Administration Pauses Immigration Applications for Travelers From Restricted Countries
On December 2, 2025, United States Citizenship and Immigration Services (“USCIS”) paused processing of several types of immigration applications, including asylum, green cards, and citizenship requests, for individuals from 19 countries previously restricted under the administration’s updated travel policies while USCIS conducts additional security reviews. The decision comes after an Afghan national, who had been granted humanitarian parole into the United States based on his work with CIA counterterrorism unit in Afghanistan after the fall of Kabul, and subsequently granted asylum in April 2025, under the Trump administration, was identified as the November 26th shooter in Washington, D.C., that killed one National Guard member and left another in critical condition.
Read moreWhen the H-1B Is Out of Reach: Hiring Skilled Workers Without the $100,000 Fee
Small businesses that rely on specialized talent have long turned to the H-1B visa as the primary route to hire foreign professionals. The new requirement that employers pay a $100,000 fee for many H-1B cases filed after September 21, 2025 has changed that calculation. For large corporations, this new cost may be absorbable but for startups, boutique firms, local clinics, research labs, engineering shops, technology innovators, and other small employers, the fee can make the H-1B category functionally unavailable. Many employers who would ordinarily pursue H-1B sponsorship are now searching for realistic alternatives. This shift does not eliminate the possibility of hiring foreign talent. It does require creative, early planning to determine whether another visa classification aligns with the company’s needs and the candidate’s background. The goal is to match the role, the qualifications, and the business structure to a category that supports employment without triggering the $100,000 H-1B entry fee.
Read moreThe Sense of Loss
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.
Read moreOPINION The “Gold Card” Green Card: A Concerning Shift in US Immigration Priorities
On September 19, 2025, following his February 25, 2025 remarks previewing a residency pathway for high-net-worth individuals, President Donald Trump issued an Executive Order directing the Departments of Commerce, State, and Homeland Security to establish a new immigrant visa program within 90 days. The initiative, now known as the “Trump Gold Card” program, will allow foreign nationals to obtain lawful permanent resident status in the United States based on a significant financial contribution: at least US $1 million by an individual applicant, or US $2 million when paid by a corporation on behalf of an individual.
Read moreNew US Citizenship Civics Test Effective October 20, 2025
Beginning October 20, 2025, United States Citizenship and Immigration Services (“USCIS”) will implement the 2025 Civics Test, announced on September 17, 2025. The agency has stated that the updated test aims to ensure applicants demonstrate a deeper understanding of US history, government, and civic responsibilities, with the goal of naturalizing individuals who are “fully assimilated and will contribute to America’s greatness.” Applicants who file Form N-400 on or after October 20, 2025, will be required to take the new test. Those who filed, or have pending applications, before that date will continue to take the 2008 Civics Test.
Read moreWhen Speech Has Consequences – Implications for Visa Issuance
On October 14, 2025, the US Department of State (“DOS”) reported they had revoked the visas of six foreign nationals who had made seemingly mocking or celebratory comments via social media about the assassination of conservative activist Charlie Kirk, who was shot while speaking at a university event in Utah. Citizens from Argentina, Brazil, Germany, Mexico, Paraguay, and South Africa were among those affected. Posting on X, the DOS thread included the social media posts or comments in question, with the users’ handles or names redacted and identified only by their country of origin, followed by “Visa revoked.”
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