New Executive Order on the H-1B Visa Program

A new Executive Order imposes tightened scrutiny and oversight of H-1B filings, requiring federal agencies to consider recent layoff activities and other economic and wage data during the adjudication process.

Citing technology-sector layoffs from 2022 through 2026 and an asserted wage gap between H-1B workers and comparable U.S. workers, the executive order Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program seeks to protect U.S. workers by increasing scrutiny of H-1B filings and coordination among federal agencies.   

The order takes direct aim at third-party placement and outsourcing firms, asserting that these entities leverage H-1B cap registrations to displace local labor and eventually offshore job opportunities.

Major Requirements of the Executive Order

1) Expanded Interagency Coordination

Historically, the administration of H-1B petitions has primarily rested with the Department of Homeland Security (DHS) and the Department of Labor (DOL). This new order mandates that DHS and DOL closely coordinate and consult with other agencies such as the The Secretary of Commerce and The Secretary of Education to collect and review relevant wage, employment, academic, industrial, and economic data to ensure petitions align strictly with statutory intent.

2) Increased Scrutiny on Employer Layoffs

The governing agencies must now take into consideration whether the sponsoring employer directly or indirectly engaged in layoffs within the previous year, or plans future layoffs, that negatively impact similarly situated U.S. workers when evaluating Labor Condition Applications (LCAs), petitions, visas, and entries.

3) Immediate DOL Audits and Data Reviews

The order directs the Secretary of Labor (through the Wage and Hour Division) to initiate a review of data related to previously submitted LCAs within 30 days to determine if further enforcement actions or investigations against sponsoring employers are warranted under existing statutory provisions.

Impact for Employers and Foreign Professionals 

• There will be stricter scrutiny for sponsoring companies: Companies with recent domestic layoffs should expect their H-1B petitions to face much higher hurdles. Demonstrating a clear, direct need for specialized talent that cannot be met locally will be more important than ever.

• A Heavy Burden for Third-Party and Outsourcing Models: Businesses relying on third-party placement or consulting models are squarely in the crosshairs. The administration's focus on these structures suggests an impending wave of audits and heightened rejection rates for off-site deployments.

• Rigorous Documentation: Employers will need to meticulously document their recruitment efforts, wage structures, and the exact nature of the "specialty occupation" duties to mitigate the risk of DOL investigations or visa denials.

Based on the new Executive Order, federal agencies will likely roll out further clarifications and operational guidance on how implement these mandates.  Employers should pay close attention and consult legal counsel to ensure their immigration compliance programs are fully aligned with these heightened standards.

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

Incomplete Immigration Applications Now Face Immediate Denial

Effective immediately as of August 5, 2026 (under Policy Alert PA-2026-05), USCIS has restored full discretion to its adjudicators to deny immigration benefit requests without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). If your application is missing required initial evidence or fails to establish eligibility right out of the gate, officers can now reject it outright.

The End of the "Safety Net"

Previously, under Biden-era guidance, USCIS officers were generally instructed to issue an RFE or NOID if additional evidence could potentially demonstrate an applicant's eligibility. This served as a safety net, giving applicants a chance to fix a weak or incomplete filing before receiving a final decision.

Under the new August 2026 policy, that safety net is gone. Officers now have three options when reviewing a deficient filing:

• Deny the application for lack of required initial evidence.
• Deny the application because the record does not establish eligibility on its face.
• Issue an RFE or NOID (which is now completely at the officer's discretion, rather than the expectation).

Tighter Deadlines for RFEs and NOIDs

Even if an officer graciously decides to issue an RFE or NOID, the clock is ticking faster than before. The new policy introduces strictly curtailed response times.

Policy Area	Previous Policy (Pre-August 2026)	New Policy (Post-August 2026)
Incomplete Filings	Officers generally issued an RFE/NOID to allow applicants to cure deficiencies.	Officers have full discretion to deny outright without warning.
RFE Deadlines	12 weeks was generally the default response period.	12 weeks is now the absolute ceiling, not the default.
NOID Deadlines	30 days, plus an additional 14 days for international mailing.	Strictly capped at 30 days; the 14-day international allowance is eliminated.

Why Did USCIS Make This Change?

USCIS argues that the previous lenient approach encouraged "placeholder" or frivolous filings, which bogged down the system and increased processing times for everyone else. By allowing applicants to submit bare-bones applications, some individuals were able to improperly secure ancillary benefits—like employment authorization documents (EADs)—while their incomplete primary case sat in the backlog. However, while the policy aims to deter a small percentage of legally insufficient filings, it ultimately places all cases under the adjudicator's broad discretionary authority to deny incomplete applications.

Who is Most at Risk?

While this affects all benefit requests, certain demographics need to be hyper-vigilant:

• Laid-off H-1B Workers: Those trying to bridge their 60-day grace period by filing a Form I-539 for B-1/B-2 visitor status must clearly establish their temporary intent. Shaky or incomplete applications that might have previously triggered an RFE could now be immediately denied.
• F-1 Students & OPT Applicants: Strict adherence to document checklists is more critical than ever.

Additional Update: New DNA Testing Guidance

In a concurrent update released on the exact same day (Policy Alert PA-2026-06), USCIS also tightened its protocols regarding family-based applications.

When a benefit requestor fails to meet their burden to establish a claimed genetic relationship and additional evidence is needed, USCIS officers are now required to suggest Deoxyribonucleic Acid (DNA) testing as an optional form of evidence. This applies in cases where primary evidence is deemed unavailable, unreliable, or insufficient.

This specific update is designed to align with Section 9 of Executive Order 14165, Securing Our Borders, utilizing modern technology to verify familial relationships and superseding older, inconsistent guidance across different USCIS directorates.

The Takeaway: Get It Right the First Time

The era of submitting a partial application and waiting for USCIS to tell you what is missing is officially over. You should double- and triple-check every question and item in the application against USCIS regulations to ensure complete compliance. When in doubt, consult with a qualified immigration attorney to ensure your petition is airtight on day one.

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

 

Federal Court Struck Down the $100,000 H-1B Visa Fee

In a sweeping decision issued from Boston, U.S. District Judge Leo T. Sorokin of the District of Massachusetts struck down the administration's controversial $100,000 supplemental fee on new H-1B visa applications.

For employers relying on high-skilled foreign talent, the ruling is certainly welcoming news.The policy, which would have fundamentally reshaped the economics of American innovation, has been vacated nationwide.

Introduction of the $100,000 fee

To understand the magnitude of this decision, we have to look back to September 19, 2025. Via Presidential Proclamation 10973, the administration introduced a mandatory $100,000 "supplemental payment" on top of standard H-1B filing fees (which typically range between $2,000 and $5,000 depending on company size).

The administration argued that the H-1B program was being abused by companies seeking cheap foreign labor to replace qualified American workers. Such argument lacks merit as employers must pay market wages to H-1B workers, in addition to the filing and legal fees. White House officials also stated that the fee would ensure only the most elite, highly compensated professionals entered the country.

However, the sheer size of the fee—a 20-to-50-fold increase—created an overnight crisis. While massive Silicon Valley firms might have had the deep pockets to absorb some of the cost, the policy was a massive roadblock for smaller startups, regional hospitals, and public education systems. Sponsoring a brilliant data scientist or a specialized pediatric surgeon suddenly came with a six-figure premium.

Court: the $100K fee is a Tax

A coalition of 20 state attorneys general filed suit, claiming the fee would devastate public services, public universities, and research programs. Judge Sorokin agreed, systematically dismantling the administration's legal defense.

The core of the court's ruling centers on a fundamental constitutional principle: the separation of powers. The administration argued that the fee was a lawful exercise of executive authority under Sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), which grants the president broad powers to restrict the entry of foreign nationals if it hurts national interests.

Judge Sorokin rejected this argument, focusing on the true economic nature of the payment. In his decision, he evaluated whether the $100,000 requirement was a regulatory fee, a penalty, or a tax. A valid regulatory fee is designed to cover the administrative costs of processing an application. It is not a regulartory fee because sponsoring a single visa does not cost the government $100,000 to process.

It is also not a penalty as penalties are meant to punish unlawful behavior. Hiring a highly skilled worker through a legally sanctioned federal program is entirely lawful. Because the primary effect of the policy was to raise substantial federal revenue and deter standard commercial conduct, the judge ruled that the payment was fundamentally a tax.

Under the U.S. Constitution, the power to tax belongs exclusively to Congress. The executive branch cannot simply invent a six-figure tax via proclamation. Judge Sorokin explicitly cited a recent Supreme Court precedent from early 2026 (Learning Resources v. Trump), which constrained executive overreach regarding tariff strategies, to reinforce that ambiguous statutory language cannot give the president taxing authority.

Administrative Violations: Bypassing the Rules

Beyond the constitutional tax issue, the court found that the administration violated the Administrative Procedure Act (APA). The policy took effect just two days after it was announced, entirely bypassing the mandatory notice-and-comment rulemaking process.

The court noted that the federal agencies failed to provide a rational explanation or empirical data backing the $100,000 figure, failed to consider less drastic alternatives, and completely ignored the devastating consequences the fee would have on critical public sectors like healthcare and public education. Because the administration lacked a valid emergency or a foreign-affairs justification to skip these standard regulatory steps, the policy was deemed "arbitrary and capricious" and illegal.

THE LOOMING JUDICIAL SPLIT

For employers, the immediate effects are that they can immediately file new H-1B petitions paying the standard filing fees. While this is a victory for advocates of high-skilled immigration, the legal issue is not entirely settled. White House stated that that the administration would appeal the Massachusetts ruling. The Department of Justice will also likely seek an immediate stay of Judge Sorokin’s decision. If granted, the $100,000 fee could be temporarily reinstated while the appellate court reviews the case.

Late last year, a federal judge in Washington, D.C., reached the exact opposite conclusion in a parallel lawsuit brought by the U.S. Chamber of Commerce and the Association of American Universities. That D.C. judge ruled that the administration did have the executive authority to impose the fee. This sets up a classic judicial split that may ultimately require resolution by the U.S. Supreme Court.

What Next?

Even though the legal issue is not yet settled, at least for now, the $100,000 barrier has been knocked down, and employers have a golden window to submit their H-1B petitions under traditional fee structures.

Navigating immigration compliance in 2026 requires equal parts business strategy and legal agility. Employers should consult closely with immigration counsel to file critical petitions as quickly as possible while this favorable window remains open.

(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 Future of OPT: Are Sweeping Restrictions Throwing the Baby Out with the Bathwater?

For decades, the Optional Practical Training (OPT) program has served as the vital launchpad for international students transitioning from U.S. universities to the global workforce. However, the program currently stands at a critical crossroads. Recent high-profile federal crackdowns on fraudulent staffing consultancies and shell companies have provided policymakers with potent justification to push for a broader, more restrictive overhaul of the entire F-1 employment sytem.

While rooting out bad actors and upholding program integrity are important, the regulatory response signals a sweeping shift in how the U.S. manages international student labor. The overarching trend points toward a future of heightened scrutiny and restriction.

The Shifting Policy Landscape

Historically defined by its academic flexibility, the F-1 visa is increasingly being targeted for structural containment. Immigration officials have proposed to replace the flexible "duration of status" framework with rigid, fixed-term admission limits, alongside proposals to aggressively compress post-graduation grace periods.

Concurrently, critics on Capitol Hill frequently introduce measures aimed at scaling back or entirely sunsetting the OPT pathway. They frame the program as an uncapped backdoor labor pipeline that bypasses standard H-1B visa quotas. The overarching trajectory is unmistakable: a movement away from seamless post-study integration toward heavily monitored, short-term conditional stays.

Corporate America Pushes Back: Striving for Innovation

This tightening trend has triggered fierce resistance from the program's actual primary end-users: American mega-tech corporations and global financial institutions. Industry powerhouses like Amazon, Google, Microsoft, and major Wall Street firms rely heavily on the OPT and STEM OPT pipelines to source elite technical and analytical talent.

Unified corporate leaders argue that aggressive restrictions are economically self-sabotaging. As global competitors like Canada, Australia, and the UK actively liberalize their own post-study work visas to attract high-skilled graduates, American enterprises warn that squeezing the OPT pipeline does not protect domestic jobs—it simply offshores top-tier talent and innovation to rival economies.

The debate over the future of OPT requires an evaluation of what the nation stands to lose if policy overcorrects.  The current system already has safeguards in place, including I-9 employment eligibility compliance, mandatory E-Verify usage, heightened university reporting requirements, and site visits. By carefully enforcing the current requirements, the government has already uncovered fraud and caught many bad actors. 

OPT is fundamentally an engine of American competitiveness. Multi-billion-dollar enterprises like Sun Microsystems (co-founded by Andy Bechtolsheim) and internet infrastructure giant Cloudflare (co-founded by Michelle Zatlyn) were built by former international students who leveraged their F-1 pathways to found companies domestically rather than taking their expertise abroad. It is unwise to close the door on talented foreign students.

Looking Ahead

The future of the OPT program will almost certainly be defined by a much higher barrier to entry. Rigorous compliance, unannounced employer site visits, and intense vetting are the permanent new normal.

Yet, as regulatory authorities seek to fortify the system, they face a delicate balancing act. Using legitimate compliance concerns as justification to dismantle the primary pathway for global talent raises a critical question: are we throwing the baby out with the bathwater? Sacrificing the next generation of global innovators to close administrative loopholes risks dealing a lasting blow to American technological dominance.

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

Project Firewall: The DOL’s New Crackdown on H-1B Compliance

In a significant shift for high-skilled immigration enforcement, the U.S. Department of Labor (DOL) recently announced the launch of Project Firewall. Announced on September 19, 2025, this initiative is designed to "safeguard the rights, wages, and job opportunities of highly skilled American workers" by aggressively rooting out fraud and abuse in the H-1B visa program.

For employers and foreign workers currently navigating the Labor Certification (PERM) or H-1B process, Project Firewall represents a new era of federal oversight.

What is Project Firewall?

Project Firewall is a multi-agency enforcement initiative led by the DOL’s Wage and Hour Division, the Employment and Training Administration (ETA), and the Office of Immigration Policy. It aims to ensure that employers prioritize qualified U.S. workers and adhere strictly to the legal requirements of the H-1B program.

For the first time in the department’s history, the Secretary of Labor will personally certify the initiation of investigations into employers where "reasonable cause" exists to suspect non-compliance.

Under the new framework of Project Firewall, the Department of Labor has introduced Secretary-Certified Investigations, allowing the Secretary of Labor to leverage existing legal authority to start investigations directly.  

This initiative is a comprehensive "whole-of-government" approach to inter-agency coordination. The DOL is actively partnering with the Department of Justice (DOJ) Civil Rights Division, the Equal Employment Opportunity Commission (EEOC), and U.S. Citizenship and Immigration Services (USCIS). This collaborative network ensures that information is shared across agencies in an attempt to enforce federal immigration and labor laws with the full weight of the government.

Finally, employers found to be in violation of these standards will face strict penalties, including the mandatory payment of back wages to affected workers and the assessment of substantial civil money penalties. Perhaps most significantly, non-compliant companies risk debarment, a penalty that bans an employer from participating in the H-1B program—and potentially other visa categories—for a prescribed period.

Mismatches of Prevailing Wages and Job Duties

The government is looking for "mismatches" in the Labor Condition Applications (LCAs) and Prevailing Wage Determinations (PWDs) —situations where an employer lists a low-level role but requires high-level certifications or complex management duties.

Under Project Firewall, if the DOL suspects an employer is "under-leveling" a job to pay a lower wage while requiring senior-level skills, that employer could become a target for a Secretary-certified investigation.  

What Should Workers and Employers Do?

• Audit Job Descriptions: Ensure that the duties listed in the ETA 9141 perfectly align with the SOC code and the wage level requested.  Also ensure that all LCAs contain the correct wage level and job site information. 

• Pay the Prevailing Wage: Pay the wage level that matches the educational, experience, and other special requirements for the position.

• Site Visits: Employers must educate its staff to prepare well for site visits. Immigration investigators can and will use information obtained during site visits to challenge the wage level in the H-1B petitions.

• Maintain Records: Employers must keep impeccable Public Access Files (PAF) and payroll records, as Project Firewall increases the likelihood of a surprise audit.

The Bottom Line

Project Firewall is a clear signal that the DOL is moving from a passive "reviewer" of applications to an active "enforcer" of labor standards. For those in the H-1B and PERM pipeline, compliance is no longer just about getting an approval—it’s about ensuring every detail of the application is in compliance with the law and regulation. 

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

URGENT ALERT: New H-1B Vetting Rules & Visa Appointment Cancellations

 

On December 3, 2025, the Department of State (DOS) announced a major expansion of its "online presence review" requirements. Effective December 15, 2025, consular officers will be required to conduct mandatory online reviews of H-1B and H-4 applicants—a protocol previously implemented largely for student and exchange visitors (F, M, and J visas).  As a result, many visa appointments have been rescheduled. 

The New Mandate: Go Public

Perhaps the most significant change in this directive is the instruction regarding privacy settings. The DOS is not just asking for your social media handles (a requirement that has existed for some time on the DS-160 form); they are now instructing applicants to set their social media accounts to "Public."  

Who is subject to the new review requirements?

• H-1B and H-4 Applicants (Effective Dec 15, 2025)
• F, M, and J Applicants (Already effective as of June 2025)

The goal is to facilitate a thorough screening of your background. If your accounts are locked or private, you may face delays or questions regarding your willingness to comply with vetting procedures.

What Are Consular Officers Looking For?

The Department of State has issued specific guidance to consular officers regarding what constitutes a security risk.

A cable accompanying the announcement instructs officers to review LinkedIn profiles and resumes specifically to see if the applicant, or their family members, have performed work in areas that include “activities such as misinformation, disinformation, fact-checking, compliance and online safety, among others.”

The guidance takes a hard stance on free speech issues. It states that if a consular officer uncovers evidence that an applicant was "responsible for, or complicit in, censorship or attempted censorship of protected expression in the United States," the officer should pursue a finding that the applicant is ineligible for the visa under the Immigration and Nationality Act (INA).

What should visa applications expect and do?

Potential Processing Delays: With consular officers now required to manually review the online presence of thousands of H-1B and H-4 applicants, we anticipate increased processing times. If your online footprint is extensive, your case may be placed in "Administrative Processing," delaying your visa stamp by weeks or months.

Check your Employment Information: Officers will likely compare your public LinkedIn history against the employment history you listed on your DS-160 and your petition support letter. Discrepancies (e.g., job titles, dates of employment, or descriptions of duties) can raise credibility concerns.

Audit Your Online Presence: Review your public social media profiles. Ensure that your job history on LinkedIn matches the forms you submitted to the consulate. While you should review your content, be cautious about mass-deleting or altering information after you have submitted your application. Removing material to conceal information can be viewed as a lack of candor or misrepresentation.

Check Your Privacy Settings: Be prepared to temporarily set your profiles to "Public" during the visa application window, as instructed by the new directive.

Be Ready to Explain: If you have worked in fields related to content moderation, fact-checking, or online safety, be prepared to clearly explain your duties during your interview to distinguish your work from "censorship" activities defined in the new guidance.

Expect Reschedulling of Visa Appointments:  Beginning December 8, 2025, some H1B and H4 visa appointments in India and China have been rescheduled to 2026.  It is possible that consulate offices in other countries may also reschedule visa appointments. 

Conclusion

The new visa vetting rules will further disrupt foreign workers' ability to travel and obtain a visa to return to the U.S. Foreign workers should refrain from international travel unless it is 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.)  

Survival Guide for Laid-Off H-1B Workers (Updated)

 

In 2025, a year defined by AI and tariffs, the U.S. tech job market remains volatile for H-1B visa holders, with ongoing layoffs contributing to broader economic uncertainty. From 2021 to September 2025, tech companies announced over 600,000 job cuts, representing about 16.7% of all U.S. job losses during that period, despite the sector's overall growth. Opportunities still exist, but competition for jobs is fierce, especially in STEM fields clustered in major metros like San Francisco and New York.

The primary risk for H-1B workers is the immediate start of a strict 60-day grace period upon job termination, during which they must secure a new sponsor, change status, or depart the U.S. to avoid accruing unlawful presence, which could trigger bars on re-entry (3-10 years).

Immigration Options Within the Grace Period

Most options depend on the grace period. The first step is to confirm the final date of employment. The grace period is 60 days from this date, not to exceed the last date in the most recent I-94 form.

A. New Employer Files H-1B Transfer. 

• The best option is to have a new employer file a “transfer” H-1B petition for you.  If filed during the 60-day grace period, you may begin working as soon as receipt of the transfer petition. Hence, start looking for a new job at the first hint of a layoff. 

B. Change to other Non-Immigrant Status

• By changing to another legal status, you are also eligible to stay in the U.S.   However, you must qualify for the status and understand the ramifications after changing to that status.  Some options include: 

  • F-1 student status (if you get admission to an institution, full-time enrollment)

  • O-1 extraordinary ability status

  • B-1/B-2 temporary visitor status

  • E-2 or EB-5, if qualified

C. Dependent Status (if spouse on H-1B, L-1, F-1, etc.)

• If your spouse remains on H-1B or other legal status, you may convert to H-4 or other dependent status.

D. Depart the U.S. & Reenter Later

• If no viable path remains, prepare to depart before grace period expires. Otherwise, you may risk arrest and deportation.  If you leave, your remaining H-1B validity may be preserved for future use. One caveat:  You will likely be subject to the $100,000 additional H-1B fee, unless you are able to return to the U.S. in another legal status.

E. Apply for an Employment-Based Green Card (EB)

• If you already had a PERM or I-140 approved, explore whether you can convert status or maintain validity via prior employer or self-petition (NIW, EB-1A).  

F. Hire yourself: Self-employment for H-1B

You may be able to self-sponsor yourself of for H-1B. First, there must be a legally incorporated U.S. entity (LLC, C-Corp, etc.) to sponsor you, of which you could be one of the owners. In addition to the normal H-1B requirements, such as demonstration of a bona fide employer–employee relationship, there must be independent oversight, such as a board of directors, other owners/investors, senior officers other than yourself.  

Other Options:  Based on the person's specific profile and circumstances, there could be other viable options.  Seek help from an experienced immigration lawyer for a thorough evaluation. 

• Other Tips and Considerations for Laid-off Workers

• Negotiate the date of termination:  Discuss with your employer to see if the termination can be extended. This would extend your grace period and "buy" you more time.

Retain critical documents:  Request for copies of your H-1B petition and the related LCA, as well as other USCIS receipt and approval notices (e.g., I-140).  Also obtain/keep copies of any PERM labor application and approvals.

Post-layoff benefits and issues:  Find out if you are eligible for unemployment benefits in your state.  Review your severance agreement carefully—for release of claims, non-compete, timing of payments (must align with immigration deadlines). Ensure continuation of health coverage (COBRA) or convert to private insurance. You may be entitled to return transportation if you decide to depart.

Financial planning & budgeting: Estimate your timeline and plan your budget accordingly. Always keep emergency funds equivalent to 3-6 months of expenses.

Plan for possible departure:  If departure is unavoidable, plan ahead for your apartment, car, pets, bank accounts, and other personal matters.

• Final Words

This is an unusually difficult moment to experience a job loss. Immigration enforcement by ICE is more aggressive than in prior years, and USCIS is applying heightened scrutiny to petitions across nearly all categories. At the same time, rapid advances in AI are reshaping the labor market and increasing competition for specialized roles. Even so, with careful planning and timely action, many individuals can navigate the disruption and position themselves for better opportunities as conditions stabilize.

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

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.)

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.) 

Trump Administration to Review 55 Million U.S. Visa Holders

 

On Thursday, the State Department says it is conducting “continuous vetting” of all 55 million people holding valid U.S. visas, looking for any indication of ineligibility—from overstays and certain crimes to security concerns. If a violation is found, the visa can be revoked; if the person is in the U.S., removal may follow. In parallel, the administration paused issuance of worker visas for commercial truck drivers pending a vetting review.   Social-media screening will again be one of the tools used in the vetting process.

What does it mean?

Thus far, there has been no written policy guidelines on this review process. The State Department states verbally that it is reviewing more than 55 million valid visa holders for potential rule violations, framing this as an extension of “continuous vetting” that already applied to subsets of travelers (notably students) and now encompasses everyone with a visa—tourists, workers, and students alike. The government emphasized that if post-issuance information emerges showing ineligibility, consular officers can revoke a visa—and if the person is present in the U.S., they can be placed in removal proceedings. 

Consular officers have long had authority to revoke visas based on new derogatory information, often without a hearing. What’s new is the asserted universal scope and the promise to use a wider set of data sources, on a continuing basis, to trigger those revocations. 

Who is affected?

Nearly all nonimmigrant visa holders are within scope (tourist B visas, students F/M/J, workers H/L/O, etc.).  The 55 million number indicates the sweep also includes people outside the U.S. who hold multi-entry visas and may seek to return in the future.  

Most travelers from Visa Waiver Program countries (roughly 40 nations) are not affected because they don’t need visas for short stays—though they face their own ESTA screening. 

The State Department has not specifically mentioned permanent residents.  However, since permanent residents are also holders of immigration visas, hence it would not surprising that the vetting process may also cover them.  Typically, a green card holder who has been found to have committed a deportable offense will be placed in removal proceedings. 

What counts as a “deportable” or revocable violation?

According to the State Department, screeners are looking for indicators of ineligibility such as overstays (remaining beyond an authorized period), criminal activity and threats to public safety, and terrorism involvement or material support to designated groups.  If such information surfaces, visas may be revoked, and those present in the U.S. can be removed. 

How will the expanded vetting work?

Officials say the reviews will include law-enforcement and immigration records and a broadened review of social media. Coverage this summer documented State Department guidance that student/exchange visa applicants must make social-media accounts public for review; major outlets also reported posts may be assessed for hostile or extremist content. 

What to expect?

Recently, the State Department has revoked serveral thousands of student visas, most commonly tied to overstays, DUI/assault, or terrorism-related indicators. Under the current heightened vetting policy, students and researchers will be subject to heightened social-media scrutiny, processing delays, administrative processing, or revocations.  Professional workers and employers should expect more RFEs (requests for evidence) from USCIS and 221(g) notices form consulates.  Tourists and business visitors will find it more difficult and expensive to obtain temporary visitor visas. 

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

Applying for a U.S. Visa is getting Expensive

 

If you plan to visit America, expect to pay higher fees. Additionally, applicants from certain countries may have to post a visa bond of up to $15,000 in order to secure a visa.

In a move that has reignited debate over U.S. visa policy, the U.S. Department of State has announced a 12-month visa bond pilot program targeting certain B-1 (business) and B-2 (tourism) visa applicants. Scheduled to begin on August 20, 2025, the program authorizes U.S. consular officers to require visa applicants from certain countries to post a refundable bond of up to $15,000 as a condition of visa issuance.

Pilot Program - Visa Bond

Beginning August 20, 2025, the U.S. Department of State will launch a 12-month pilot program requiring certain applicants for B‑1 (business) and B‑2 (tourist) visas to post a bond—ranging from $5,000 to $15,000—as a condition of visa issuance. Bonds are refundable if applicants comply with their visa terms and depart on time; otherwise, the bond is forfeited.
Who must post the visa bond?

According to the U.S. government, countries with high U.S. visa overstay rates based on FY 2023 DHS data and deficient document screening or vetting practices are targeted. Further, countries that offer citizenship-by-investment programs with no residency requirement are also likely targeted by the State Department. Applicants from Visa Waiver Program (VWP) countries are exempt.

The State Department is supposed to announce the specific list of countries on their website. As of August 5, 2025, the State Department website only lists two countries that are subject to the visa bond - Malawi and Zambia. However, additional countries are expected to be added to the list later on.

12/17/25 Update:

The Department of State has identified nationals from these

countries as needing visa bonds.  The implementation dates

are in parentheses:  

Bhutan (January 1, 2026)

Botswana (January 1, 2026)

Central African Republic (January 1, 2026)

Guinea (January 1, 2026)

Guinea Bissau (January 1, 2026)

Namibia (January 1, 2026)

Turkmenistan (January 1, 2026)

Mauritania (October 23, 2025)

Sao Tome and Principe (October 23, 2025)

Tanzania (October 23, 2025)

The Gambia (October 11, 2025)

Malawi (August 20, 2025)

Zambia (August 20, 2025)

Visa Integrity Fee

Additionally, starting October 1st, 2025, nonimmigrant visa applicants must pay a visa integrity fee of $250, on top of the regular visa application fee. This new fee was enacted by President Trump's One Big Beautiful Bill on July 4, 2025.
The $250 visa integrity fee must be paid by applicants of most nonimmigrant visas, such as tourists (B1/B2), students (F/M), exchange visitors (J), workers (H1B, L1, O1, R1, etc.). Each dependent with a separate visa stamp (e.g., H‑4, F‑2, J‑2) must also pay the fee. So a family of four would have to pay $1,000 in integrity fees alone.

Visitors from 42 countries in the Visa Waiver Program (VWP) (e.g. United Kingdom, Japan, Germany) who enter via ESTA are exempt from the new visa integrity fee. However, their ESTA fee will increase from $21 to $40. Canadians are also exempt as they are allowed to enter the United States visa-free.

The integrity visa fee is supposed to be refundable if the applicant abides by the rules and does not work illegally. However, actually getting a refund is expected to be difficult due to administrative and procedural hurdles.

 

 

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

Drastic Narrowing of Visa Interview Waivers by State Department

 

On 07/25/2025, the U.S. Department of State (DOS) released an update that drastically tightens eligibility for nonimmigrant visa interview waivers, effective 09/02/2025. This policy supersedes the previous 02/18/2025 guidance, and marks a major shift away from the more flexible interview waiver practices adopted during and after the COVID-19 pandemic.

Major Changes:

Most nonimmigrant visa applicants for H-1B, L1, E1, E2, F, etc., including minors under 14 and seniors over 79, who were previously exempt, will now generally be required to appear in person for an interview with a consular officer.

Only the following narrow groups of applicants will qualify for an interview waiver after 09/02/2025, including:

1. Certain Diplomatic and Official Visa Categories: A-1, A-2, C-3 (excluding attendants or servants), G-1 through G-4, NATO-1 to NATO-6, and TECRO E-1
2. Diplomatic or Official-Type Visa Applicants
3. B-1/B-2/B1-B2 or Border Crossing Card Renewals (Mexican Nationals): Applicants renewing a full-validity visa or card within 12 months of expiration and who:

• Were at least 18 years old when the prior visa was issued
• Apply from their country of nationality or residence
• Have never been refused a visa (unless refusal was overcome or waived)
• Have no apparent or potential ineligibility

Note: Even if an applicant qualifies under the above categories, consular officers may still require an in-person interview at their discretion.  Embassy-specific procedures vary.  Applicants should consult the relevant U.S. embassy or consulate website for local processing rules and service availability.

Impact on Nonimmigrant Visa Applicants:

Applicants for nonimmigrant visas such as H-1B, L1A, L1B, E1, E2, F1, F2, etc., should expect longer wait times and increased demand for visa interview appointments. Applicants renewing H, L, F, M, and J visas who previously qualified for the "Dropbox" program will now be subject to interviews, unless covered by one of the narrow exceptions above. Even children and elderly applicants will likely face interview requirements.

Impact on Employers and Universities:

The new policy will have direct impact on U.S. universities and colleges and also employers. They should anticipate delays in onboarding foreign workers and students needing visa stamps abroad.  They should advise employees and workers on timely scheduling of consular appointments and preparation for interview-based adjudication. 

Final Note:

If you're planning to renew a visa, especially a B-1/B-2 or Border Crossing Card, act quickly before the September 2 deadline to benefit from the current, more lenient waiver policies.   For all others, prepare for interviews — and consult an immigration attorney to determine eligibility and strategy.

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

New Edition of I-129 (Nonimmigrant Worker Form) Effective July 30, 2025

USCIS has published a new edition of the I-129 form, Petition for a Nonimmigrant Worker, dated January 20, 2025.  The new form must be used for applications filed on or after July 30, 2025. Until then, the current edition, dated January 17, 2025, is also acceptable.

The I-129 form is used for most nonimmigrant employment applications, such as H-1B professional workers, L-1 multinational transferees, O-1 extraordinary ability workers, E-1/E-2 treaty traders and investors, R-1 religious workers, TN NAFTA workers, etc. 

Employers are reminded that the edition date must be visible at the bottom of the I-129 form on all pages.  If a required form page or if an edition date is missing, the application can be rejected. 

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

Best Practices Guide for Handling FDNS Site Visits

 

Best Practices Guide for Handling FDNS Site Visits

Introduction

The current Administration has emphasized strict enforcement of immigration laws, resulting in additional site visits and other fraud-related investigations.  

This guide provides best practices for employers and employees to prepare for and respond to unannounced Administrative Site Visits (ASVs) by the USCIS Fraud Detection and National Security Directorate (FDNS). These visits are intended to verify compliance with immigration laws and the accuracy of information provided in immigration petitions, particularly for H-1B and other employment-based visas. Although sometimes framed as a voluntary request, ASVs are authorized and mandated by law and refusal to cooperate will result in denial of applications and other adverse consequences. 

Understanding Administrative Site Visits (ASVs)

ASVs are conducted by USCIS FDNS to:

• Verify the existence of an employer.

• Confirm the employment of foreign workers.

• Ensure compliance with wage and job conditions specified in visa petitions.

• Detect and prevent immigration fraud.

Employer Best Practices

1. Designate a Company Representative: Identify a primary point of contact to handle ASVs, typically someone from HR or management.

2. Train Front-Line Employees: Ensure all employees know how to respond if an officer arrives. They should politely direct the officer to the designated representative.

3. Maintain Updated Records: Keep secure, accessible files of all USCIS petitions (Forms I-129, LCAs, etc.), wage records, and job descriptions. An audit of all immigration documents are recommended beforehand.

4. Notify H-1B Employees: Make sure foreign workers are aware of their job details, location, and the terms of their petitions.

5. Prepare for Interviews: Have clear procedures in place for who will speak to the officer and how questions will be answered. Mock interviews should be conducted to better employees for questions by immigration officers

6. Contact Legal Counsel: Have an immigration attorney’s contact information ready and inform them immediately if an ASV occurs.

7. Document the Visit: Record the names of the officers, the questions asked, and any documents requested or provided.

Employee Best Practices

1. Stay Calm and Polite: If approached by an officer, answer questions clearly but do not guess or provide unnecessary information.

2. Understand Your Job Details: Be familiar with your job title, job duties, location, salary, and the terms in your visa petition.

3. Request a Witness: If possible, have a company representative present during any interview.

4. Provide Accurate Information: Answer truthfully, but avoid guessing or speculating.

What to Expect During an ASV

• Officers may arrive unannounced at any work location listed in the visa petition.

• They may request to speak with company representatives, the foreign worker, or both.

• They may take photographs, inspect the facility, and request copies of documents.

Handling Special Situations

• Client Site Visits: If an H-1B worker is assigned to a client site, notify the client in advance about the possibility of ASVs.

• Confidential Areas: Politely redirect officers to less sensitive areas if they request access to restricted areas.

Conclusion

By following these best practices, employers and employees can ensure compliance, maintain professionalism, and minimize the risk of negative outcomes during an FDNS site visit.

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