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.
Read moreNavigating 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.
Read moreHow to Navigate the End of Third-Country Visa Processing for Nonimmigrant Visas
On September 6, 2025, the US Department of State (“DOS”) announced the end of a decades-old practice that allowed nonimmigrant visa applicants to schedule interviews in third countries—places other than their country of nationality or legal residence. The change sweeps broadly, affecting students applying for F-1 and J-1 visas, visitors requiring B-1/B-2 visas, and professionals applying for H-1B, O-1, and other work categories. The announcement comes at the heels of a previous decision announced on July 25th that effective September 2, 2025, all nonimmigrant visa applicants, including applicants under the age of 14 and over the age of 79, will generally require an in-person interview with a consular officer putting an end to the visa drop box or Interview Waiver Program.
Read moreDHS 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.
Read moreThe New York Times: “Colleges Warn Foreign Students to Get to Campus Before Trump Takes Office”
Ahead of President Trump’s upcoming inauguration on January 20, 2025, some universities, including Harvard, USC, and Cornell are advising their international student body to prepare to return to campus from their winter breaks before Trump is sworn in to office. The warnings are a result of Trump’s expressed desire to reimpose a travel ban previously instituted during his first term as President and ended by President Biden when he took office.
Read moreUSCIS Has Reached the H-1B Cap for Fiscal Year (FY) 2024
US Citizenship & Immigration Services (“USCIS”) announced they have received a sufficient number of H-1B petitions needed to reach the H-1B cap limit for fiscal year 2024 (“FY 2024”), which runs from October 1, 2023 to September 30, 2024. This applies to both the congressionally mandated 65,000 FY 2024 regular cap limit, as well as the 20,000 advanced degree (masters) cap exemptions. USCIS also noted it will be sending non-selection notifications to registrants’ online accounts in the course of the next few days.
Read moreDOS Adopts New Technology and Enhanced Coordination to Streamline Administrative Processing Security Screenings
As part of the visa application process at Embassies, applicants are subject to a background screening process. In accordance with Department of State (“DOS”) procedures the consular officer may determine that “additional information from sources other than the applicant may help establish an applicant’s eligibility for a visa” requiring “administrative processing.”
Read moreNew Visa Processing Fees Effective May 30, 2023
The Department of State (“DOS”) published its updated fee schedule for Consular Services – Nonimmigrant and Special Visa Fees. Beginning May 30, 2023, there will be an increase in fees charged for nonimmigrant visas (“NIVs”) and border crossing cards (“BCCs”). The good news is that the fee increases are less than “originally proposed for all categories of NIVs.”
Read morePilot Program for H and L Visa Renewal in the US Announced
Keeping in line with its efforts to improve visa processing backlogs at the consulates and embassies around the world, the Department of State (“DOS”) announced a plan to launch a pilot program for H and L visa holders to renew their visas in the US, instead of having to travel abroad. In an interview with Bloomberg Law, Julie Stufft, deputy assistant secretary for visa services in the Bureau of Consular Affairs, shared the news of the program that should be initiated later this year.
In 2004, the DOS discontinued domestic visa reissuance service for certain nonimmigrant visas in the United States. Restarting the program by permitting certain H and L visa holders to revalidate their visas domestically, rather than having to travel internationally to renew their visas, is the latest means DOS is planning to take to alleviate the visa application backlogs that developed at consulates as a result of the COVID-19 pandemic. We will keep you updated as more details surrounding the launch of the pilot program become available.
Department of State Provides Update on Visa Processing Backlogs
The Department of State (“DOS”) published an update on the their efforts to tackle the visa backlogs that they have been faced with worldwide due to the COVID-19 pandemic. The DOS is committed to lowering visa interview wait times and optimistically reports embassies and consulates are “recovering faster than projected” and will return to pre-pandemic processing capacity this year.
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