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:
DHS Ends Automatic Extension of Employment Authorization
In a major policy shift, the Department of Homeland Security (DHS) has issued an interim final rule ending the automatic extension of Employment Authorization Documents (EADs) for certain renewal applicants, effective October 30, 2025. The rule marks the end of a long-standing provision that allowed noncitizens in certain categories to continue working for up to 540 days beyond their EAD expiration date while renewal applications were pending with U.S. Citizenship and Immigration Services (USCIS). Focus on Vetting and National Security: According to DHS, the rule is intended to enhance security screening and fraud prevention. “USCIS is placing a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritized aliens’ convenience ahead of Americans’ safety and security,” said USCIS Director Joseph Edlow. “It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorization or documentation is extended.” USCIS stated that reviewing applicants’ backgrounds more frequently will help deter fraud and detect those with potentially harmful intent so that they may be processed for removal if appropriate. Impact on Renewal Applicants: Beginning October 30, 2025, applicants who file for EAD renewal will no longer receive an automatic extension while their renewal is pending, unless they fall under a limited exception—such as Temporary Protected Status (TPS) beneficiaries covered by specific Federal Register notices or other statutory provisions. The new rule does not affect automatic extensions that were already granted before October 30, 2025. USCIS encourages applicants to file renewal applications up to 180 days before expiration to minimize the risk of lapses in employment authorization.EAD Categories Affected and Excluded from Automatic Extension:
The change impacts many nonimmigrant and dependent categories that have historically relied on automatic extension protection. As of this rule:
No Longer Eligible for Automatic Extension:
- H-4 dependent spouses (based on an approved H-1B principal)
- L-2 dependent spouses (based on L-1 principal)
- E-1, E-2, or E-3 dependent spouses
- F-1 students applying under the OPT (Optional Practical Training) or STEM OPT categories
- I-485 pending adjustment of status applicants (Category (c)(9))
- Certain parole-based and deferred action EAD categories (unless otherwise specified by notice)
Applicants in these groups must now wait for formal approval of their new EAD before resuming or continuing employment.
Still Eligible for Automatic or Special Extensions:
The interim rule preserves automatic extensions for limited categories where extensions are explicitly provided by statute or Federal Register notice, including:
- TPS beneficiaries (8 CFR 244.12) — where extensions are announced by DHS in the Federal Register
- Asylees and Refugees (categories (a)(3), (a)(5))
- Certain pending asylum applicants (category (c)(8)) — where covered by specific notices
- Citizens of Micronesia, Marshall Islands, or Palau (category (a)(8))
Practical Takeaway for Employers and Foreign Nationals:
Employers should immediately review I-9 employment authorization documentation procedures to ensure compliance with the new rule. Noncitizens who rely on continued work authorization must plan renewals well in advance and prepare for possible employment gaps.
We believe that this change could lead to temporary work interruptions for tens of thousands of H-4, L-2, and adjustment-based EAD holders, as USCIS continues to experience processing delays averaging 6–9 months for EAD renewals.
USCIS Clarifies $100,000 H-1B Fee Under Presidential Proclamation: What Employers Need to Know
USCIS has issued new guidance implementing the September 19, 2025 Presidential Proclamation, which requires employers to pay a $100,000 fee for certain H-1B nonimmigrant petitions. The fee applies when a foreign national must enter or re-enter the United States to assume or continue H-1B status. The guidance confirms that the fee does not apply to H-1B extensions, amendments, or changes of status approved by USCIS for individuals already maintaining lawful status inside the United States. However, several important ambiguities remain, including whether the fee applies when a beneficiary already holds a valid H-1B visa from a prior petition. When the $100,000 Fee Applies: The fee is triggered when a petition requires consular notification—that is, when the beneficiary must obtain a visa and enter the U.S. to activate H-1B status. Specifically, the fee applies if:- The beneficiary is outside the U.S. and lacks a valid H-1B visa.
- The petition is filed for consular notification, even if the beneficiary is in the U.S.
- USCIS denies an extension, amendment, or change-of-status request but approves the underlying petition for consular notification.
Petitions approved for extension of stay, amendment, or change of status are exempt from the fee, provided those requests are approved.
Unresolved Scenarios:
USCIS has not yet clarified whether the fee is required when a foreign national already possesses a valid H-1B visa but a new petition is filed for consular notification. Further guidance is expected. Additionally, CAP-exempt H-1B employers—such as universities and nonprofit research institutions—are not automatically exempt and must still pay the fee unless their petitions qualify for an exception or a National Interest Exception (NIE) is granted. National Interest Exception (NIE) Criteria: Employers may apply for an NIE if they can demonstrate that paying the fee would significantly undermine U.S. national interests. USCIS has stated that these exceptions will be granted only in “extraordinarily rare” cases, requiring all of the following:- The foreign national’s presence in H-1B status serves the national interest;
- No U.S. worker is available for the position;
- The individual poses no security or welfare risk to the U.S.; and
- Requiring the fee would harm national interests.
Requests must be filed with DHS prior to petition submission, through a designated DHS email process.
Payment and Refund Procedures:
- The $100,000 fee must be paid before filing the petition, through the U.S. Treasury’s Pay.gov system.
- Proof of payment or an NIE approval must accompany the filing.
- If a petition subject to the fee is denied, the $100,000 payment will be refunded, but other H-1B filing fees will not.
- Employers may withdraw petitions rather than pay the fee if they choose not to proceed.
- Beneficiaries cannot pay the fee themselves—it is solely the employer’s legal responsibility.
Impact on F-1 Students and CAP Cases:
For FY 2027 H-1B CAP cases, petitions approved for change of status are exempt from the fee. However, if USCIS denies the change-of-status request (for example, due to failure to maintain F-1 status or international travel during adjudication), the employer must pay the $100,000 fee or obtain an NIE before the petition can be approved for consular processing.
F-1 students are therefore urged to:
- Maintain valid SEVIS status and a full course load,
- Avoid unauthorized employment, and
- Refrain from traveling abroad while a change-of-status petition is pending.
Effect on Travel and Re-Entry:
- Traveling while a change-of-status petition is pending abandons the COS request, triggering the $100,000 fee.
- Traveling after an extension or amendment approval does not trigger the fee.
- Future consular visa applications or re-entries based on an approved extension or amendment are not subject to the fee.
In Summary:
- Fee Applies: Consular processing, re-entry, or cases where USCIS denies a change/extension of stay.
- Fee Does Not Apply: Extensions, amendments, or changes of status approved for individuals already in lawful status inside the U.S.
- National Interest Exceptions: Extremely limited and subject to DHS pre-approval.
- Employer Liability: The $100,000 fee must be paid by the employer, not the employee.
- Pending Litigation: Several industry groups and the U.S. Chamber of Commerce have filed lawsuits challenging the proclamation and its legality.
USCIS to Mandate Electronic Payments for All Applications
U.S. Citizenship and Immigration Services (USCIS) has announced that, effective October 28, 2025, it will no longer accept paper checks or money orders for immigration applications and petitions. All payments must now be made electronically, marking a historic shift toward full digital processing across the agency.
Under the new policy, electronic payments may be made in one of two ways:
- By credit or debit card using Form G-1450, Authorization for Credit Card Transactions, or
- By ACH debit directly from a U.S. bank account using Form G-1650, Authorization for ACH Transactions.
Purpose of the Rule:
USCIS stated that the move is designed to improve efficiency, security, and compliance with Executive Order 14247, titled “Modernizing Payments To and From America’s Bank Account.”
“Modernizing financial transactions to and from the federal government is a priority for the Trump administration,” said USCIS Spokesman Matthew Tragesser. “Over 90% of our payments come from checks and money orders, causing processing delays and increasing the risk of fraud and lost payments. This is a no-brainer move.” By requiring electronic payment, USCIS aims to eliminate manual handling of funds at field offices, reduce fraud and check-related errors, and speed up case processing. Online Filings Encouraged: USCIS continues to encourage benefit requestors and their accredited representatives to file applications and petitions online through their USCIS accounts. Applicants who file online may pay through the secure Pay.gov platform, and benefit from:- Step-by-step guided filing for many forms
- Immediate confirmation of payment and submission
- Access to real-time case status and digital receipt notices.
Those filing electronically can also upload supporting documentation directly and communicate with USCIS through their online account portal.
Exemptions for Limited Circumstances: USCIS recognizes that a small number of applicants or payors may not be able to comply with the new rule. In those limited instances, exemptions may be granted through Form G-1651, Exemption for Paper Fee Payment, which lists the categories of cases and individuals eligible for waiver of the electronic payment requirement. However, such exemptions are expected to be rare and subject to strict eligibility criteria. What This Means for Employers, Law Firms, and Petitioners: All employers, immigration attorneys, and applicants should immediately update their payment systems to ensure compliance with the new requirement. Paper checks and money orders will be rejected after October 28, 2025. Law firms and corporate clients should:- Verify that ACH payment authorization is properly configured with their banks.
- Train staff to use Forms G-1450 and G-1650 correctly.
- Maintain funding verification protocols to avoid payment declines or rejections.
- Effective October 28, 2025, USCIS will only accept electronic payments for all applications, petitions, and requests.
- Checks and money orders will no longer be accepted.
- Payments must be made using Form G-1450 (credit/debit) or Form G-1650 (ACH).
- Limited exemptions may be requested via Form G-1651.
- The change supports Executive Order 14247 and aims to modernize government payment systems.
USCIS Denials of Citizenship Applications on the Rise: Know the Grounds and Appeal Options
As part of its renewed focus on integrity, fraud prevention, and national-security screening, the U.S. Citizenship and Immigration Services (USCIS) has increased scrutiny of Form N-400, Application for Naturalization filings. Applicants should understand that U.S. citizenship is not automatically guaranteed after obtaining a green card. USCIS has broad authority to deny or even refer cases for removal proceedings if it determines that the applicant was ineligible to obtain lawful permanent resident (LPR) status in the first place or engaged in misrepresentation. Common Grounds for Denial of N-400 (Citizenship) Applications: 1. Failure to Meet Continuous Residence or Physical Presence Requirements: Applicants must show continuous residence in the United States for 5 years (or 3 years if applying through marriage to a U.S. citizen) and must have been physically present in the country for at least half that time. Prolonged trips abroad—especially those over six months—can break continuous residence unless the applicant proves otherwise with evidence such as employment, property ownership, or family ties. 2. Lack of Good Moral Character (GMC): USCIS evaluates conduct during the statutory period preceding the application (and sometimes beyond). Common reasons for a GMC-based denial include:- Criminal convictions or arrests (even misdemeanors such as DUI or domestic-violence-related offenses).
- Failure to pay taxes, child support, or court-ordered financial obligations.
- False testimony under oath, fraud, or illegal voting.
- Failure to register for Selective Service (for males aged 18–26).
3. Misrepresentation or Fraud in Obtaining a Green Card:
If USCIS determines that the applicant obtained lawful permanent residence through fraud, misrepresentation, or concealment of material facts, it may not only deny the N-400 but also initiate removal proceedings to rescind the green card.
Examples include marriage fraud, employment-based petitions based on falsified job offers, or concealment of prior immigration violations.
4. Failure to Comply with Criminal or Immigration Orders:
Applicants who have been ordered removed or have pending removal proceedings are generally ineligible for naturalization unless the order is reopened or terminated.
5. Failure to Demonstrate Attachment to the U.S. Constitution:
Applicants must affirm allegiance to the United States and its Constitution. Denials may occur if USCIS believes an applicant’s conduct (e.g., membership in certain organizations, refusal to take the Oath of Allegiance) indicates disloyalty or lack of attachment.
6. Failure to Pass English or Civics Tests:
USCIS may deny applications if applicants fail the required English language and U.S. civics tests after two attempts, unless they qualify for an exemption based on age or disability. Serious Consequences: Possible Removal (Deportation) Proceedings: A denial alone does not automatically trigger removal; however, if USCIS uncovers evidence that an applicant was never eligible for the green card—for instance, due to fraud, misrepresentation, or criminal ineligibility—it can refer the case to U.S. Immigration and Customs Enforcement (ICE) for initiation of removal proceedings. In such cases, the government may attempt to rescind lawful permanent resident status under INA § 246 or charge removability under INA § 237(a)(1)(A) (inadmissibility at time of adjustment). Applicants should consult with an experienced immigration attorney before filing Form N-400 if there are any prior status issues, arrests, or inconsistencies in previous applications. How to Appeal or Seek Reconsideration: If your Form N-400 is denied, you have the right to appeal by filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, within 30 days of the denial.- A new officer (not involved in the original decision) will conduct a de novo hearing.
- You may submit new evidence or legal arguments to correct factual or procedural errors.
- If the N-336 appeal is denied, you may file a petition for review in U.S. District Court under INA § 310(c), where a federal judge will independently review your eligibility.
Practical Tips for Applicants:
- Disclose everything honestly—even minor infractions or past immigration issues. Concealment may be viewed as fraud.
- File IRS tax returns regularly and resolve any outstanding obligations.
- Maintain proof of residence, employment, and family ties to demonstrate continuous residence.
- Obtain certified court records for any arrests or citations.
- Consult an attorney before applying if you have any arrests, immigration violations, or questions about how you obtained your green card.
Naturalization is the final and most significant step in the U.S. immigration process. However, citizenship is not automatic—it requires full eligibility, good moral character, and transparent documentation. Misrepresentation or past fraud can transform a routine N-400 case into a deportation risk.
If you have questions about your eligibility or a prior immigration issue, contact an experienced immigration attorney before filing.
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.
