We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
BREAKING: Trump Set to Impose $100,000 Fee on H-1B Visas in Major Immigration Overhaul
President expected to sign proclamation today dramatically increasing costs for foreign worker program
President Donald Trump is expected to sign a proclamation as early as today imposing a sweeping $100,000 fee on H-1B visa applications, marking one of the most dramatic shifts in U.S. work-visa policy in recent memory, according to White House officials familiar with the matter.
What’s Proposed?
The new fee would apply to H-1B visa applications, requiring foreign workers or their sponsoring employers to pay $100,000 to access the program—a massive increase from current fees of under $1,000. The proclamation will also revise prevailing-wage requirements to prevent employers from hiring foreign labor at wages significantly below what U.S. workers earn in similar roles.
The administration argues the changes will protect American workers by reducing what it characterizes as widespread abuse of the H-1B system.
Immediate Impact:
- Tech Industry Hit Hard: Major technology companies that rely heavily on H-1B visas for software engineers and specialized workers face dramatically higher cost burdens. Stocks of tech services companies dropped after news of the proposal broke.
- Indian Workers Affected Most: Workers from India, which historically receives about 75% of H-1B visas, would see their pathways to U.S. employment become significantly more expensive and restrictive.
- Small Business Concerns: The $100,000 fee could effectively price out smaller firms and many individual applicants, making the visa system even more exclusionary.
What Remains Unclear:
Key details are still emerging, including whether the fee applies to all H-1B petitions or specific categories, how it will be collected, and whether any waivers will be available. The substantial fee increase is likely to face legal challenges and requires formal regulatory implementation.
Bottom Line:
If enacted, this represents the most significant restriction on the H-1B program in decades. With approximately 85,000 new H-1B visas issued annually, the change could generate up to $8.5 billion in revenue while fundamentally altering access to specialized foreign labor for U.S. companies.
State Department Final Rule Imposes New Fee of $1 for Diversity Visa Lottery
The U.S. Department of State has issued a final rule requiring a new $1 fee to register for the Diversity Visa (DV) Lottery, which provides 55,000 immigrant visas annually to nationals of countries with historically low levels of immigration to the United States.
The new fee is intended to cover the costs of administering the online registration system and preventing fraudulent entries. DV-2027 registration cycle will commence in early October and ends in early November.
October 2025 Visa Bulletin – Moderate Employment-Based Movement; USCIS to Honor Dates for Filing
The October 2025 Visa Bulletin, released by the State Department, brings moderate forward movement in several employment-based categories at the start of the fiscal year:
- EB-1: China advances five weeks to Dec. 22, 2022; India remains at Feb. 15, 2022; all others remain current.
- EB-2: China advances to Apr. 1, 2021; India advances to Apr. 1, 2013; all others advance to Dec. 1, 2023.
- EB-3: Professionals/Skilled Workers: China advances to Mar. 1, 2021; India to Aug. 22, 2013; Philippines to Apr. 1, 2023; all others remain at Apr. 1, 2023.
- EB-5: Unreserved: China remains at Dec. 8, 2015; India jumps ahead by nearly 15 months to Feb. 1, 2021; all others remain current. EB-5 set-aside categories remain current.
For Dates for Filing, EB-1, EB-2, and EB-3 categories will all advance across countries. EB-5 India remains unchanged, while EB-5 China retrogresses by three months to July 1, 2016.
Importantly, USCIS has confirmed it will accept adjustment of status applications based on the more favorable Dates for Filing chart in October. This allows many applicants to file early, even if their green card cannot yet be approved.
USCIS Unveils First Changes to Naturalization Test in Major Overhaul of Citizenship Standards U.S. Citizenship and Immigration Services (USCIS) has announced the first set of changes to the naturalization civics test, part of a broader multi-step initiative to overhaul the standards for U.S. citizenship. The 2025 naturalization test will place greater emphasis on assessing applicants’ knowledge of U.S. history, government, and civic values, aligning with statutory requirements. Key Highlights:
- Civics Test Overhaul: The new exam increases both the number of questions and passing thresholds, requiring applicants to demonstrate deeper knowledge of U.S. history and government.
- Stricter Eligibility Review: USCIS has reinforced requirements that applicants read, write, and speak English and demonstrate good moral character, including contributions to American society.
- Enhanced Vetting Measures: USCIS is resuming neighborhood investigations, restoring robust vetting of applicants, and conducting stricter reviews of disability waivers for English and civics requirements.
- Disqualifying Conduct Clarified: Unlawful voting, unlawful voter registration, and false claims to U.S. citizenship now explicitly bar applicants from establishing good moral character.
USCIS Statement:
“American citizenship is the most sacred citizenship in the world and should only be reserved for aliens who will fully embrace our values and principles as a nation,” said USCIS spokesperson Matthew Tragesser. “These critical changes are the first of many steps to ensure that only those who meet all eligibility requirements can naturalize and contribute to America’s greatness.” Broader Context: The test revision is part of USCIS’s larger initiative to restore integrity to the naturalization process, with future updates expected in the coming months. These may include additional policy changes and enforcement measures designed to uphold the agency’s interpretation of congressional intent. Bottom Line: The 2025 civics test signals a tougher path to naturalization, reflecting the administration’s emphasis on assimilation, national values, and rigorous vetting. Immigrants preparing for U.S. citizenship should anticipate stricter standards and heightened scrutiny throughout the process.Potential Federal Government Shutdown – Immigration Impact
With Congress facing a September 30 deadline to pass a funding bill, a potential federal government shutdown could disrupt several immigration functions:
- Suspended if shutdown occurs: Department of Labor programs, including LCA filings, prevailing wage determinations, and PERM processing.
- Continue but with possible delays: Fee-funded operations at USCIS, State Department (visas and passports), though longer shutdowns may slow processing.
- Programs expiring without action: USCIS E-Verify, the EB-4 non-minister religious worker program, and the Conrad 30 J-1 waiver program for physicians.
The Department of Labor suspension during shutdowns is particularly concerning since PERM processing is already heavily backlogged. Any disruption could further delay employment-based cases. The expiration of E-Verify and religious worker programs would also create immediate compliance issues for employers and ongoing cases.
Employers and foreign nationals should prepare for disruptions in case no appropriations bill or continuing resolution is enacted by the end of the month.
DHS Plans Major Overhaul of Information Collected on School and Student Forms The Department of Homeland Security (DHS) has announced plans for a sweeping overhaul of the information collected on forms used by schools and international students, marking the most significant update to student visa–related reporting requirements in decades The proposed changes would expand the data fields required on Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status) and related records maintained through the Student and Exchange Visitor Information System (SEVIS). Schools may be required to provide more detailed information on students’ academic programs, financial resources, and post-completion employment plans. Students could also face new obligations to disclose expanded biographical and compliance-related data. DHS officials state that the overhaul is intended to strengthen national security, improve fraud detection, and modernize record-keeping in light of technological advances and increased scrutiny of foreign student programs. However, universities and international education advocates have raised concerns about added administrative burdens and the potential chilling effect on prospective students considering study in the United States. The draft rule is expected to be published in the Federal Register in the coming weeks, after which there will be a public comment period before any final implementation. Schools and students should prepare now for possible new compliance requirements that could take effect as early as 2026.
State Department Ends Third-Country Visa Processing Flexibility
The U.S. Department of State has implemented new guidance requiring most nonimmigrant visa applicants to schedule their interviews at a U.S. embassy or consulate in their country of nationality or residence. This ends the long-standing practice of third-country national (TCN) visa processing, which for decades allowed applicants to apply in neighboring countries such as Canada or Mexico.
What Changed?
- Applicants who attempt to apply outside their home country are now warned that they “might find it more difficult to qualify for the visa” and should expect longer wait times. Existing appointments remain valid, but application fees are non-refundable and non-transferable.
- TCN applicants face substantially longer waits, greater scrutiny, and an increased risk of refusal or additional security checks.
- Popular posts in Canada and Mexico will no longer be practical options for most applicants.
- Employers must plan travel and visa stamping far in advance to avoid disruptions.
Limited Exceptions:
- The new policy does not apply to diplomatic and official visa categories (A, G, C-2, C-3, NATO). Case-by-case exceptions may also be made for humanitarian, medical, or foreign policy reasons.
Broader Context:
This change comes as part of a broader tightening of consular policies, including:
- Elimination of interview waivers for most nonimmigrant visa applicants.
- A Visa Bond Pilot Program requiring refundable deposits of $5,000–$15,000 for certain B-1/B-2 applicants.
Practical Consequences:
- Increased backlogs at consulates in India, China, and other high-demand countries.
- Reduced flexibility for global mobility, especially for multinational employers.
- eightened need for advance planning around business travel and visa renewals.
Bottom Line:
The September 2025 policy represents a fundamental shift in U.S. consular processing, rolling back decades of flexibility and making it significantly harder for third-country nationals to secure timely visa appointments.
Should You Travel Abroad for Visa Stamping — or Stay Put?
With the State Department’s new rules ending most third-country visa processing, foreign nationals must think carefully before leaving the U.S. for visa stamping. Below are the key considerations: Reasons to Stay Put:- Avoid Disruption of Status: Remaining in the U.S. and filing extensions or changes of status with USCIS avoids the risk of delays or denials abroad.
- Reduced Travel Risk: If you leave the U.S. and your visa application is refused or delayed, you may be stuck abroad for weeks or months.
- Employer Continuity: Staying in the U.S. ensures uninterrupted employment, minimizing compliance and payroll complications.
- Anticipated Backlogs Abroad: With interview waivers curtailed and third-country processing restricted, wait times in home-country consulates will increase significantly.
Reasons You Might Consider Stamping Abroad:
- Clean Visa Record: If your case is straightforward (e.g., no prior issues, clear documentation, no security triggers), stamping abroad may still be smooth — though riskier than before.
- Travel Necessity: Family emergencies, business obligations, or expiring passports may leave no choice but to travel.
- Long-Term Travel Plans: If you intend to stay abroad for an extended period, obtaining a visa before returning to the U.S. may be necessary.
Practical Advice:
- Consult with Counsel Before Travel: Each case is unique. Past visa history, nationality, and employer profile matter.
- Expect Longer Waits in Home Countries: Especially in India, China, and other high-demand posts. Plan months in advance.
- Employers Should Adjust HR Policies: Alert employees about risks of travel, and where possible, file timely extensions in the U.S. to avoid unnecessary consular exposure.
Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C. Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
