USCIS Provides Updates on the $100,000 H-1B Fee

 

On October 21, 2025, USCIS provided updates on the $100,000 H-1B fee announced by the September 19, 2025 Presidential Proclamation. The following are the main points: 

• Effective date & trigger:  A Presidential Proclamation (signed September 19, 2025) requires an additional $100,000 payment for certain H-1B petitions filed on/after 12:01 a.m. EDT, September 21, 2025. The payment is a condition of eligibility. 

• Who is subject to the new Fee:  New H-1B petitions filed on/after the effective time for beneficiaries outside the U.S. who do not have a valid H-1B visa must include the $100,000 payment. Petitions filed with consular notification (or POE/pre-flight notification) are also covered. 

• Petitions found ineligible for change of Status / extension are also covered:  If a petition filed on/after the effective time seeks change of status (COS), amendment, or extension but USCIS finds the person ineligible for that benefit (e.g., not in valid status or departs before adjudication), the Proclamation applies and the $100,000 must be paid per USCIS instructions. 

• What H-1B petitions are NOT covered:

  • Previously issued, valid H-1B visas and petitions filed before 12:01 a.m. EDT on September 21, 2025 are not subject.

  • Petitions filed on/after the effective time that request an amendment/COS/extension for an individual inside the U.S. are not subject if USCIS grants the amendment / COS / extension.

  • If that beneficiary later travels and applies for a visa or reenters on the approved petition/current visa, they are not treated as subject to the payment. 

• How to pay: Petitioners must pay via  https://www.pay.gov/public/form/start/1772005176 and follow the instructions on that site. 

• When to pay / filing mechanics: Before filing with USCIS, petitioners must have proof of a scheduled payment from pay.gov or written evidence of an exception from DHS. If required and missing, USCIS will deny the petition. 

• Exceptions (extraordinarily rare):  The Secretary of Homeland Security may grant an exception only if all are true: (1) the worker’s presence as an H-1B is in the national interest, (2) no U.S. worker is available, (3) the person does not pose a security/welfare threat, and (4) requiring the payment would significantly undermine U.S. interests. Employers may email a request with evidence to H1BExceptions@hq.dhs.gov. Expect a very high bar for exceptions to be granted.

Tips for Employers and Employees

1) “Who pays?” and compliance posture

• The $100,000 is a government-mandated condition tied to petition eligibility and—per USCIS guidance—borne by the employer. Passing the fee to the worker would likely conflict with H-1B worker-protection rules and invite enforcement risk.  

2) Choose COS/extension (inside U.S.) over consular where possible

• If the beneficiary is already in the U.S. and eligible, file COS/extension and avoid consular processing; approved in-country amend/COS/extension petitions are not subject to the fee. Conversely, consular-notification filings are subject.

• Travel caution: If you file COS and the beneficiary leaves before approval, USCIS may deem COS ineligible, which triggers the Proclamation and fee requirement later. Delay any international travel until approval. 

3) Evidence at filing

• Treat the pay.gov receipt/scheduling proof as mandatory initial evidence for any petition that could be deemed subject (e.g., consular). Build steps into your checklists when preparing H-1B petitions. 

4) Beneficiaries abroad and current visa holders

• Current valid H-1B visa holders or those with petitions filed before September 21, 2025 are not subject and may travel (CBP/State guidance says the restriction concerns new petitions after the effective time). Nonetheless, it is advisable to reduce discretionary travel until agency practices stabilize. 

5) One-year horizon & policy spillovers

• The Proclamation’s entry restriction tied to the $100,000 payment is slated to last 12 months from September 21, 2025 (to September 20, 2026) unless extended. The same Proclamation directs DOL to launch rulemaking to revise prevailing wage levels and DHS to reprioritize high-paid/high-skilled admissions—expect additional regulatory changes that could further raise costs or reshape selection criteria. 

6) Exception requests (when to consider)

• Reserve for mission-critical cases where you can credibly show national interest, no available U.S. worker, no security risk, and that the fee would significantly undermine U.S. interests (e.g., urgent public-health, critical infrastructure, or national-security projects). 

7) Guidance for workers

• If you’re inside the U.S., avoid international travel until your COS/extension is approved (leaving early can flip you into a fee-subject situation).

• If you’re outside the U.S. without a valid H-1B visa, expect your employer to decide whether to proceed with a new, fee-subject petition or to defer hiring.

• If you already hold a valid H-1B visa and your petition pre-dates September 21, the fee rule does not apply to your travel, per current State/USCIS materials. Carry evidence (visa, approval notice) and be prepared for port-of-entry questions.

• If you hold F-1 (student), J-1 (exchange visitor), L-1(company transferee) or other valid temporary visa status, you must try to maintain your status by all means.  Failure to maintain legal status will likely subject any future H-1B petitions to the $100,000 fee. 

Final Words: The policies surrounding the $100,000 H-1B fee remain unsettled. Ongoing litigation could alter how the new rule is implemented. Stay tuned for further updates.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)

2025 Citizenship Test - Additional / Revised Civics Questions

USCIS has recently revised the citizenship test for naturalization, effective October 20, 2025.  The new civics test question bank now contains 128 questions, including several new additions and updated versions of previous questions.  The following are some of the new or revised questions and answers about American government and history:


Q:  What is the purpose of the 10th Amendment?
(It states that the) powers not given to the federal government belong to the states or to the people.

Q:  Why is the Electoral College important?
• It decides who is elected president.  • It provides a compromise between the popular election of the president and congressional selection.

Q: Name one example of an American innovation.
• Light bulb • Automobile (cars, internal combustion engine) • Skyscrapers • Airplane • Assembly line
• Landing on the moon • Integrated circuit (IC)

Q: How many Supreme Court justices are usually needed to decide a case?
• Five (5)

Q: Supreme Court justices serve for life. Why?
• To be independent (of politics)  • To limit outside (political) influence

Q: How can people become United States citizens?
• Be born in the United States, under the conditions set by the 14th Amendment  • Naturalize  • Derive citizenship (under conditions set by Congress)

Q: It is important for all men age 18 through 25 to register for the Selective Service. Name one reason why.
• Required by law   • Civic duty  • Makes the draft fair, if needed

Q: The American Revolution had many important events. Name one.
• (Battle of) Bunker Hill   • Declaration of Independence  • Washington Crossing the Delaware (Battle of Trenton)  • (Battle of) Saratoga  • Valley Forge (Encampment)   • (Battle of) Yorktown (British surrender at Yorktown)

Q:   Thomas Jefferson is famous for many things. Name one.
• Writer of the Declaration of Independence  • Third president of the United States   • Doubled the size of the United States (Louisiana Purchase)   • First Secretary of State   • Founded the University of Virginia   • Writer of the Virginia Statute on Religious Freedom

Q: James Madison is famous for many things. Name one.
• “Father of the Constitution”  • Fourth president of the United States   • President during the War of 1812   • One of the writers of the Federalist Papers

Q: The Civil War had many important events. Name one.
• (Battle of) Fort Sumter   • Emancipation Proclamation    • (Battle of) Vicksburg   • (Battle of) Gettysburg   • Sherman’s March   • (Surrender at) Appomattox   • (Battle of) Antietam/Sharpsburg   
• Lincoln was assassinated.

Q:  What was the Great Depression?
• Longest economic recession in modern history

2. When did the Great Depression start?
• The Great Crash (1929)   • Stock market crash of 1929

Q: Who was the United States’ main rival during the Cold War?
• Soviet Union   • USSR    • Russia

Q: Why did the United States enter the Vietnam War?
• To stop the spread of communism

Q: Why did the United States enter the Persian Gulf War?
• To force the Iraqi military from Kuwait   

Q: Name one U.S. military conflict after the September 11, 2001 attacks.
• (Global) War on Terror    • War in Afghanistan    • War in Iraq

Q: The Nation’s first motto was “E Pluribus Unum.” What does that mean?
• Out of many, one   • We all become one

Q: What is Memorial Day?
• A holiday to honor soldiers who died in military service

Q: What is Veterans Day?
• A holiday to honor people in the (U.S.) military
• A holiday to honor people who have served (in the U.S. military)


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

The $100,000 H-1B Entry Fee

 

On the evening of Friday, 09/19/2025, the White House issued a presidential proclamation that rocked the H-1B world. The proclamation restricts the entry of H-1B workers into the United States unless their petitions are, in the proclamation’s words, “accompanied or supplemented by a payment of $100,000.” The restriction takes effect at 12:01 a.m. EST on Sunday, 09/21/2025, and lasts 12 months. Over the weekend, employers scrambled to locate their overseas H-1B employees and requested them to return to the U.S. immediately.

Different Interpretations by USCIS and CBP

The abruptness of the announcement resulted in different agency interpretations of the new policy. Initially, the proclamation requests the DHS to "restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers.... who are currently outside the United States."

The CBP's 09/20/2025 guidance provides that the proclamation only applies to new petitions filed after 09/21/2025, and it does not impact current visa holders’ ability to travel. As the border gatekeeper, CBP's focus is on new petitions for individuals outside the U.S.

According to a USCIS policy memo and FAQs, the $100,000 must accompany any new H-1B petition filed after 09/21/2025, including the upcoming 2026 H-1B cap lottery. It does not apply to petitions filed before that time, extensions, or current H-1B travelers.

A potential conflict could arise under these two interpretations. For example, an employer files a petition to extend an overseas employee's H-1B status after 09/21/2025. Under the USCIS interpretation, this extension should not be subject to the new fee. However, when this employee requests for admission at the border, CBP may ask to see proof of payment of the $100,000 fee because it is a new petition. On the other hand, if the employee has a valid H-1B visa issued before 09/21/2025, the new fee may not apply even under the CBP interpretation.

The State Department also issued guidance on this issue. It confirms that the "Proclamation's restrictions on visa issuance and entry apply only to aliens seeking visa issuance or entry into the United States based on H-1B petitions filed" after 09/21/2025. Hence, according to the DOS, the new fee must be paid for all new petitions before issuance of an H-1B visa, regardless of whether it for new employment or extension.

The details of the new policy are still yet to be ironed out by the different agencies. For instance, as for now, the government has not publicly finalized mechanics as to how and when to pay this $100,000 new fee.

Legal Challenges

This new $100,000 H-1B fee could be challenged in court because of it is an implementation of an application fee without going through the normal rule-making process. One may also argue that it is arbitrary and capricious to set such a high fee for an immigration petition.

An equal protection claim could be made as the new policy treats domestic and overseas H-1B workers differently. However, the Equal Protection Clause only applies to “persons” who are physically present in the U.S., not overseas persons. What about unfairness to small and medium-sized employers who cannot afford to pay the new fee? Further, if a court deems the “payment” functionally is to raise revenue beyond cost-recovery, it can be argued that only Congress can impose such charges and that revenue measures must originate in the House.

However, the Government will likely invoke the President's authority under INA Section 212(f) to suspend or restrict entry of "any class" of noncitizens if entry would be detrimental to the U.S. The Supreme Court has read this power very broadly. Further, the new policy has a 12-month limit and also allows national-interest exceptions. Hence, the outcome of any legal challenges is uncertain.

Conclusion

The new $100,000 H-1B fee has caused tremendous confusion and uncertainties. The details of implementation are still sketchy. Employers and practitioners are mostly taking a wait-and-see approach. A universal piece of advice for H-1B workers is to avoid international travel for now unless absolutely necessary.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

Immigrants: You May Want to File for Naturalization before Oct. 20, 2025

 

On September 18, 2025, USCIS published a Federal Register notice to announce the new 2025 Naturalization Civics Test. The purposes include “restoring integrity to the naturalization process,” ensuring applicants demonstrate knowledge of U.S. history, government, and civics in line with legal requirements.

The new test is a modified version of the 2020 test, which was rescinded on February 22, 2021. The old 2008 test has been in effect since then. 

Summary of the major changes between the two tests

Feature	2008 Test (Current)	2025 Test (New)
Number of possible civics questions in the questions bank	100	128 (same as 2020)
How many questions asked in oral civics section	Up to 10 oral questions	20 questions
Passing requirement (number correct)	6 out of 10	12 out of 20
Stopping early (fail or pass before all questions asked)	In 2008: the officer could stop once passing or failing threshold reached.	In 2025: reimplementing 2020 but changing this: officer will stop once applicant has either passed (12 correct) or failed (9 incorrect).
Special consideration (65+ / long-time lawful permanent resident 20+ yrs)	Yes. For those 65 and over with 20+ years as lawful permanent resident. They get a simplified 10-question test from a smaller question bank, fewer questions to pass.	Same under 2025: those 65/20 special consider only 10 questions, with still 6 needed to pass. Based on whether they file before or after date, from 2008 or the 2025 bank.

When will the new test take effect?

For N-400 applications filed before Oct. 20, 2025, the existing 2008 civics test (10 questions; pass with 6) applies. For applications filed on/after Oct. 20, 2025, the new 2025 civics test (20 questions; pass with 12) will apply. 

Exception to the English requirement

The English reading, writing, speaking, and understanding parts of naturalization remain the same.  Unless you qualify for an exception, you must speak, read, and write basic English at the interview. Officers can repeat or rephrase, and you get two chances (initial exam and a re-exam 60–90 days later) if you fail a portion. 

If you meet an English-language exception below, you can use your language to take the test. 

• 50/20: age 50+ with 20+ years as a permanent resident (LPR)

• 55/15: age 55+ with 15+ years as LPR

In either case, you may skip the English test but must take civics.  You may take it in your language with a qualified interpreter who signs Form G-1256 at the interview. 

65/20 special consideration for civics

If you’re 65+ with 20+ years as LPR, officers use a simplified civics set (10 questions from a 20-question list) and you pass with 6 correct. Under the new test, those who file on/after Oct. 20 will get their 10 questions from the 2025 pool; filers before that date get them from the 2008 pool. You can take these in your own language (with an interpreter). 

Medical disability exception (N-648)

If a medically determinable disability prevents you from meeting English and/or civics requirements, your doctor can complete Form N-648 to request for medical exception. It should be noted that regular body ailments do not qualify for exception unless they affect the applicant's mental health or their ability to learn. 

The bottom-line

A larger study bank (128 questions) may mean more content to learn, especially for those whose English is their second or third language. Although there can be legal challenges to the quick implementation of the new test, it would be wise for immigrants to apply for naturalization before Oct. 20, 2025 to avoid the new test.  This is especially true in light of the revised "good moral character" requirements recently announced by the Trump Administration, which add further uncertainties to the naturalization process.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

October 2025 Visa Bulletin: Worldwide Moderate Advancement; USCIS Honors EB Filing Date Chart

The October 2025 Visa Bulletin has been released by the State Department, bringing moderate advancement across most categories as we move into the new fiscal year.

In the Final Action Dates Chart, EB-2 Worldwide advances by about three months, while the EB-2 India cut-off date also moves forward by three months. Meanwhile, EB-5 India has a significant advancement of 15 months, now reaching February 2021.

The Employment-Based Filing Dates chart shows significant movement across EB-1 to EB-3 as well. 

In October, USCIS will honor the Filing Dates Chart for employment-based adjustment, allowing many applicants eligible to file their I-485. Eligible applicants should begin planning and preparing, and consult with an experienced immigration attorney to ensure proper guidance through the process.

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-based		Other Countries	China	India	Mexico	Philippines
F1	AD	11/08/2016	11/08/2016	11/08/2016	11/22/2005	01/22/2013
	FD	09/01/2017	09/01/2017	09/01/2017	10/08/2006	04/22/2015
F2A	AD	02/01/2024	02/01/2024	02/01/2024	02/01/2023	02/01/2024
	FD	09/22/2025	09/22/2025	09/22/2025	09/22/2025	09/22/2025
F2B	AD	11/22/2016	11/22/2016	11/22/2016	12/15/2007	10/01/2012
	FD	01/01/2017	01/01/2017	01/01/2017	12/15/2008	10/01/2013
F3	AD	09/08/2011	09/08/2011	09/08/2011	04/15/2001	09/22/2004
	FD	07/22/2012	07/22/2012	07/22/2012	06/15/2001	08/01/2005
F4	AD	01/08/2008	01/08/2008	11/01/2006	04/08/2001	03/22/2006
	FD	03/01/2009	03/01/2009	12/15/2006	04/30/2001	01/01/2008

1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)

Employment-based		Other Countries	China	India	Mexico	Philippines
EB-1	AD	C	12/22/2022	02/15/2022	C	C
	FD	C	05/15/2023	04/15/2023	C	C
EB-2	AD	12/01/2023	04/01/2021	04/01/2013	12/01/2023	12/01/2023
	FD	07/15/2024	12/01/2021	12/01/2013	07/15/2024	07/15/2024
EB-3	AD	04/01/2023	03/01/2021	08/22/2013	04/01/2023	04/01/2023
	FD	07/01/2023	01/01/2022	08/15/2014	07/01/2023	07/01/2023
Other Workers	AD	07/15/2021	12/01/2017	08/22/2013	07/15/2021	07/15/2021
	FD	12/01/2021	10/01/2018	08/15/2014	12/01/2021	12/01/2021
EB-4*	AD	07/01/2020	07/01/2020	07/01/2020	07/01/2020	07/01/2020
	FD	02/15/2021	02/15/2021	02/15/2021	02/15/2021	02/15/2021
EB-5	AD	C	12/08/2015	02/01/2021	C	C
	FD	C	07/01/2016	04/01/2022	C	C

1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: “Special Immigrants” (Religious & others)

*Visa numbers for Certain Religious Workers will be "Unavailable" in October.

5th: Employment Creation (Investors)

*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

The Exhaustion of EB-1, EB-2, and EB-3 Visa Numbers in FY 2025

The close of each U.S. fiscal year often brings significant developments in the employment-based immigration landscape. For fiscal year (FY) 2025, which ends on September 30, 2025, the annual immigrant visa limits for the EB-1, EB-2, and EB-3 categories have all been exhausted. This has immediate consequences for applicants both inside and outside the United States. At the same time, there are still narrow pathways for certain applicants to file adjustment of status (Form I-485) applications in September based on the current Visa Bulletin.

1. Employment-Based Visa Numbers

Under the Immigration and Nationality Act (INA), the worldwide level of employment-based immigrant visas is capped annually, typically at 140,000 visas, with unused family-based numbers from the prior year added to this pool. Each employment-based preference category (EB-1, EB-2, EB-3, etc.) receives a fixed percentage allocation. EB-1 (priority workers), EB-2 (advanced degree and exceptional ability), and EB-3 (skilled workers, professionals, and “other workers”) categories are each allocated 28.6% of the worldwide employment-based immigrant visa total.

Per-country caps further limit how many visas applicants from a single country can use. Once a category’s allocation is reached, that preference becomes “unavailable” until the start of the next fiscal year.

2. Exhaustion of EB-2 Numbers

On September 2, 2025, the State Department announced that EB-2 numbers were fully used for FY 2025 . This means no further EB-2 immigrant visas will be issued at consulates abroad or approved through adjustment of status at USCIS until October 1, 2025, when the new fiscal year begins and a fresh allotment becomes available.

This exhaustion is significant because EB-2 is historically one of the most heavily used categories, covering a wide range of professionals, from engineers and scientists to individuals approved under the National Interest Waiver (NIW).

3. Exhaustion of EB-1 Numbers

On September 8, 2025, the State Department and USCIS confirmed that the EB-1 category also hit its annual limit. This development underscores the intense demand for EB-1 visas, particularly among applicants from oversubscribed countries such as India and China, where backlogs have been historically severe.

The EB-1 category includes multinational executives/managers, outstanding professors and researchers, and individuals of extraordinary ability. 

4. Exhaustion of EB-3 Numbers

Finally, the EB-3 category was also declared exhausted in September on September 9, 2025. This includes a range of skilled and professional roles, as well as the “EW” subcategory for unskilled labor. With EB-3 visas no longer available until the new fiscal year, U.S. employers sponsoring workers in these roles will need to wait until after October 1 to see movement again.

5. What “Unavailable” Really Means

When the State Department declares a category unavailable, this has concrete implications:

• Consular Processing: U.S. embassies and consulates will not issue immigrant visas in the unavailable category. Cases already scheduled may be postponed or held until numbers are replenished.

• Adjustment of Status (I-485): USCIS cannot approve adjustment applications in unavailable categories. Cases already pending will remain in limbo until October 1, 2025, or later if backlogs persist.

• Visa Bulletin Impact: In the monthly Visa Bulletin, unavailable categories are marked as such in the “Final Action Dates” chart.

Importantly, “unavailable” does not invalidate pending applications. Instead, those cases carry over into the new fiscal year, where they may resume processing if dates are current.

6. Filing I-485 Applications in September 2025

Despite the exhaustion of EB-1, EB-2, and EB-3 numbers, many applicants inside the U.S. still have a limited window to file their Form I-485 applications in September 2025. This is because the Visa Bulletin controls not only when cases can be approved but also when applicants are eligible to submit their applications.  USCIS has specifically confirmed that it will use the “Dates for Filing” chart for September 2025 . This means that applicants with priority dates earlier than the cutoff in that chart can still file their I-485 before the month ends, even though visas cannot be approved until October or later.

For applicants, this filing opportunity is critical. Filing in September secures a place in line and allows applicants and their families to apply for ancillary benefits such as employment authorization (EAD) and advance parole (AP).

7. Looking Ahead to FY 2026

The exhaustion of all three major employment-based categories signals continued high demand for U.S. permanent residency among professionals and workers. When the fiscal year resets on October 1, 2025, fresh allocations will become available, and some relief will occur. However, backlogs will remain, especially for oversubscribed countries.  Cutoff dates may advance slowly in the October 2025 Visa Bulletin, depending on demand.  Finally, USCIS and the State Department may adjust how quickly they move dates to avoid rapid exhaustion early in FY 2026.  It is critical that applicants plan their immigration filings early on to navigate the ever-changing immigration policy.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)