Update on H-1B $100K Fee – Second Lawsuit Filed Challenging Fee; USCIS Issues Implementation Guidance. U.S. Chamber of Commerce H-1B Fee Litigation On October 16, 2025, a second federal lawsuit was filed challenging the $100,000 H-1B fee, this time by the U.S. Chamber of Commerce (U.S. Chamber). The lawsuit, filed in the District Court for […]
October 2025 A recent USCIS Alert has clarified that it will continue to process H-1B, H-2A, H-2B, and CW-1 petitions during the shutdown. Employers can therefore expect ongoing adjudication of Form I-129 and Form I-129CW petitions filed with USCIS. However, the agency acknowledged that the shutdown may affect an employer’s ability to obtain prerequisite Department […]
October 15, 2025 On October 14, 2025, the U.S. Supreme Court declined to review a lower court decision upholding the U.S. Department of Homeland Security’s (DHS) authority to grant employment authorization to certain spouses of H-1B visa holders. The decision leaves in place the long-standing H-4 Employment Authorization Document (EAD) program established under the Obama […]
USCIS has confirmed that E-Verify is back online following a system outage resulting from the Federal Government shutdown. The agency has provided grace periods and specific instructions for cases impacted during the downtime. What E-Verify Employers Must do Now Create backlogged cases by Tuesday, Oct. 14, 2025. For each employee hired while E-Verify was unavailable, […]
On Friday October 3, 2025, a lawsuit was filed in the U.S. District Court for the Northern District of California seeking to enjoin and overturn the $100,000 fee imposed on September 19, 2025, by President Trump. The Presidential Proclamation announcing the new fee indicated that it would be imposed on all new H-1B petitions filed […]
The US Department of Labor (“DOL”) has announced “Project Firewall”, an effort to enhance H-1B visa enforcement around wages and compliance. The goals of Project Firewall are to ensure employers prioritize qualified Americans when hiring and to hold employers accountable if they misuse the H-1B visa category. The DOL has always had authority to investigate employers […]
With the possibility of a U.S. Government shutdown at 12:01 AM on Wednesday, October 1, 2025, becoming increasingly likely, we provide the following brief summary of how the shutdown will impact the agencies administering immigration processes: USCIS: USCIS will remain open as it does not rely on Congress appropriations for its funding. The few programs […]
USCIS and CBP have issued guidance on President Trump’s September 19 proclamation restricting H-1B travel and filings. The agencies confirmed that the proclamation only applies to H-1B petitions filed on or after September 21, 2025. Key Takeaways for Employers and Employees Current H-1B holders not impacted: Individuals with an approved or pending H-1B petition filed […]
The Issue On September 6, 2025, the U.S. Department of State (DOS) issued updated policy guidance advising nonimmigrant visa applicants to apply in their country of nationality or residence. While it has generally been DOS policy to recommend that individuals apply in their country of nationality or residence, many posts have routinely accepted applicants who […]