September 26, 2025 – Weekly Immigration News Update.

Posted by Keshab R. Seadie | Sep 26, 2025 | 1 Comment

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:

New $100,000 H-1B Fee: What Employers and Workers Need to Know

Key Highlights:

• Current H-1B holders and petitions filed before Sept 21, 2025 are not subject to the new $100,000 fee or restrictions.
• H-1B extensions with the same employer are exempt from the fee.
• New petitions filed on or after Sept 21, 2025 may be subject, including changes of employer, amendments, and possibly change of status filings.
• National interest exceptions are available but criteria and process remain unclear.
• Legal challenges to the proclamation are expected; rules may change quickly.

Basics of the Proclamation:

• Issued on Sept 19, 2025; effective Sept 21, 2025 at 12:01 a.m. EDT.
• Requires employers to pay a $100,000 fee for each new H-1B worker before entry.
• Effective for one year, unless extended.
• DHS can grant discretionary exceptions for individuals, companies, or industries deemed in the national interest.

USCIS Clarifications:

The proclamation

• Does not apply to holders of previously issued H-1B visas.
• Does not apply to petitions filed before Sept 21.
• Does not apply to extensions with the same employer.

Still unclear

• If change of employer or amendments filed after Sept 21 count as new petitions subject to the fee.
• If individuals inside the U.S. changing status to H-1B will be impacted.
• If departure from the U.S. after Sept 21 could trigger the fee requirement.

Travel & Visa Appointments:

• Valid H-1B visa holders abroad may continue to enter the U.S.
• Petitions filed before Sept 21 – no restrictions; attend visa appointments as scheduled.
• Extensions filed on/after Sept 21 with same employer – unaffected.
• Other filings (change of employer, amendment) – risk of fee liability, check before travel.

Scope of Restrictions:

• Applies to cap-exempt H-1Bs unless a national interest waiver is granted.
• Applies to Canadian nationals, despite visa-exempt status.
• Does not apply to H-1B1 (Chile/Singapore) visas.

National Interest Exceptions:

• DHS may exempt individuals, companies, or industries if employment is in the U.S. national interest.
• Criteria remain undefined, but reports suggest doctors and workers in critical infrastructure/healthcare may qualify.
• Application process not yet released.

Litigation & Uncertainty:

• Lawsuits are expected to challenge the legality of the proclamation.
• Emergency stays or injunctions may change implementation suddenly.
• No current government mechanism exists for paying the $100,000 fee.

Summary:

The Trump Administration’s proclamation imposes a $100,000 fee on new H-1B petitions filed after Sept 21, 2025, while exempting existing visa holders and same-employer extensions. Many details remain uncertain, especially regarding changes of employer, amendments, and status changes, and the government has not yet provided a mechanism to pay the new fee. National interest exceptions may apply in limited cases, and legal challenges are already expected. For now, employers and foreign nationals should continue to file time-sensitive H-1B petitions, closely monitor guidance, and consult counsel before making travel or filing decisions.

How to Survive a DOL Audit of Your H-1B Visa Program

The Department of Labor (DOL) has launched Project Firewall, a new enforcement initiative aimed at increasing the frequency and depth of H-1B employer audits and investigations. With additional funding and staff, the DOL is expected to be more aggressive in scrutinizing wage practices, LCA compliance, and third-party placements.

Important: When the DOL serves an audit notice, you may have as little as three (3) days to produce records and sit with a DOL officer. Preparation in advance is critical.

Risks of Non-Compliance:

• Repayment of back wages
• Civil fines and penalties
• Debarment from the H-1B program
• Cross-agency referrals to USCIS, DOJ, or EEOC

Steps to Manage a DOL Audit:

• Assign a Compliance Lead: Designate one person or team responsible for handling all DOL communications.
• Organize Documentation Early: Keep Public Access Files (PAFs), payroll, and contracts organized in a central location.
• Prepare a Response Protocol: Draft an internal playbook for who speaks to the investigator, how documents are presented, and how questions are escalated.
• Train Your Team: Ensure HR, legal, and management staff know their obligations and are trained on LCA/H-1B compliance.
• Control Third-Party Risks: If H-1B employees work at vendor/client sites, ensure contracts, worksite postings, and wage obligations are clearly documented.
• Maintain Consistency: Job titles, SOC codes, and wage levels must align across LCAs, H-1B petitions, and actual duties.
• Verify Posting Compliance: Confirm that LCA postings are done at all worksites and records of postings are preserved.

Conduct an Internal Audit Before DOL Knocks:

The best defense is preparation. Employers should

• Audit Public Access Files (PAFs) – confirm completeness and accuracy for every LCA.
• Cross-check Payroll – ensure wages meet or exceed LCA requirements, period by period.
• Standardize Classifications – make sure SOC codes, job titles, and wages are applied uniformly.
• Review Vendor Oversight – verify compliance if H-1B employees are placed at third-party worksites.

Proactive Step – Call Us Before It’s Too Late

Don’t wait until the DOL letter arrives. You only get 3 days to respond once an audit is triggered.

FDNS Site Visit Preparation: Essential Compliance Guide – by Keshab Raj Seadie, Esq.

With DHS receiving billions in additional enforcement funding, FDNS site visits have become a critical compliance risk for employers sponsoring H-1B and L-1 workers. These unannounced visits can result in petition revocations, debarment, civil penalties, and fraud referrals if proper preparation isn’t in place.

Key Preparation Requirements:

Pre-Visit Readiness:

• Maintain centralized compliance binders at each worksite with all petition documents, LCAs, payroll records, and organizational charts.
• Train front desk staff to verify officer credentials and notify HR/legal counsel immediately.
• Ensure employees understand their petition details without appearing coached.

During the Visit:

• Verify DHS credentials before providing access.
• Maintain cooperative but controlled responses.
• Provide only requested documents.
• Ensure employee interviews align with filed petitions.

Post-Visit Actions:

• Maintain centralized compliance binders at each worksite with all petition documents, LCAs, payroll records, and organizational charts.
• Train front desk staff to verify officer credentials and notify HR/legal counsel immediately.
• Ensure employees understand their petition details without appearing coached.

During the Visit:

• Verify DHS credentials before providing access.
• Maintain cooperative but controlled responses.
• Provide only requested documents.
• Ensure employee interviews align with filed petitions.

Post-Visit Actions:

• Document all visit details thoroughly.
• Debrief interviewed employees.
• Route follow-up requests through legal counsel.

Critical Compliance Areas:

H-1B Requirements:

• Maintain Labor Condition Applications and Public Access Files.
• Ensure continuous prevailing wage payments (no unpaid “benching”).
• File amended petitions for material worksite changes.
• Enhanced documentation for H-1B dependent employers.

L-1 Requirements:

• Document qualifying corporate relationships continuously.
• Verify specialized knowledge/managerial roles match petitions.
• Restrict client site placements to maintain employer control.
• Avoid “labor for hire” arrangements.

Enhanced Enforcement Environment:

With expanded DHS funding, expect:

• More frequent random site visits
• Sophisticated data analytics cross-referencing records
• Increased scrutiny of IT consulting firms
• Follow-up visits to previously inspected locations

The Bottom Line:

FDNS site visits represent a fundamental shift from paper-based reviews to real-world verification. With DHS’s expanded resources, these visits will become more frequent and consequential. Successful compliance requires systematic preparation, accurate record-keeping, and proactive internal auditing.

The investment in robust compliance systems creates operational excellence, reduces legal risks, and enables sustainable growth in an increasingly regulated environment. Every site visit becomes an opportunity to demonstrate lawful employment practices when proper preparation is in place.

Take Action Now

Don’t wait for an unannounced FDNS visit to discover gaps in your compliance program. The stakes are too high and the consequences too severe.

Contact our immigration law office today at (212) 571-6002 to schedule a comprehensive compliance assessment and develop a customized FDNS site visit preparation plan for your organization.

Our experienced team will help you:

• Audit your current compliance systems
• Develop worksite-specific preparation protocols
• Train your staff on proper procedures
• Create comprehensive documentation systems
• Establish ongoing monitoring and internal audit processes

Call (212) 571-6002 now to protect your business and your foreign national employees from the risks of unprepared FDNS encounters.

Ninth Circuit Denies Stay of District Court Order, Effectively Reinstating 2023 Venezuela TPS Designation – Similar Outcome Anticipated for Nepal TPS

The Ninth Circuit Court of Appeals has denied the U.S. government’s request to stay a district court decision that reinstated the 2023 Temporary Protected Status (TPS) designation for Venezuela.

• The decision requires the Department of Homeland Security (DHS) to continue recognizing the 2023 Venezuela TPS designation, with validity now extended through October 2, 2026.
• U.S. Citizenship and Immigration Services (USCIS) has updated its website to confirm the October 2, 2026 expiration date and an automatic extension of employment authorization documents (EADs) through April 2, 2026.
• DHS is expected to seek emergency review of the Ninth Circuit’s decision by the U.S. Supreme Court, but until then, the 2023 TPS designation for Venezuela remains in effect.

The appeals case is National TPS Alliance et al. v. Noem, Case 25-5724 (9th Cir.).

Broader Implications

Immigration advocates note that the Ninth Circuit’s denial signals strong judicial reluctance to suspend humanitarian protections during ongoing litigation. A similar outcome may be anticipated for Nepal’s TPS designation, which is also being challenged in federal courts. If courts follow the reasoning applied in the Venezuela case, Nepali nationals could see their TPS protections reaffirmed in the near future.

USCIS Unveils Major Overhaul of Naturalization Test as Part of Citizenship Integrity Initiative

U.S. Citizenship and Immigration Services (USCIS) has announced the first major changes to the naturalization civics test in over three decades, unveiling the 2025 naturalization test as part of a broader multi-step overhaul of American citizenship standards.

According to a notice published in the Federal Register, the 2025 civics test is designed to better assess applicants’ knowledge of U.S. history and government, in line with statutory requirements. The revised test will serve as the foundation for additional reforms aimed at strengthening the naturalization process and ensuring new citizens demonstrate full commitment to American values and responsibilities.

Key Updates and Statements

• USCIS emphasized that naturalization is a privilege, and only those who meet all eligibility requirements—including demonstrating English proficiency and civics knowledge—will qualify.
• “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.
• The agency stressed that these changes are the first of many steps to restore integrity to the naturalization process and to fulfill congressional intent.

Additional Policy Shifts

USCIS has already introduced complementary measures to tighten naturalization eligibility, including:

• Stricter vetting of applicants and more robust reviews of disability exceptions to English and civics requirements.
• Expanded moral character reviews, requiring evidence of positive contributions to American society, not merely the absence of misconduct.
• Neighborhood investigations to verify applicants’ eligibility and character.
• Clarification that unlawful voting, voter registration, or false claims to U.S. citizenship are disqualifying acts.

What’s Next?

In the coming weeks and months, USCIS plans to roll out further initiatives as part of its citizenship integrity drive, signaling a more rigorous and enforcement-driven approach to naturalization.

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.