IMMIGRATION UPDATE – October 27, 2025
HEADLINES
USCIS Releases Additional Guidance on New $100,000 H-1B Fee – U.S. Citizenship and Immigration Services (USCIS) announced additional guidance related to the Presidential Proclamation establishing a $100,000 fee for new H-1B petitions. Among other things, USCIS emphasized that petitions subject to the fee that are filed without evidence of payment or the grant of an exception will be denied.
USCIS Discusses Impact of Shutdown on Certain H and CW Petitions – U.S. Citizenship and Immigration Services said it will process H-1B, H-2A, and H-2B-related Form I-129 petitions and CW-1-related Form I-129CW petitions during the federal government shutdown. If the petitioner documents that the shutdown was the primary reason for a delay in filing an extension of stay or change of status request, the agency will consider the government shutdown an “extraordinary circumstance beyond the petitioner’s control.”
U.S. Chamber of Commerce Files Lawsuit, Calls New $100K H-1B Fee ‘Unlawful’ – The U.S. Chamber of Commerce is challenging the legality of the new $100,000 H-1B fee.
Visa Bulletin for November Includes Diversity Visa 2026 Results – The Kentucky Consular Center has registered and notified the selectees who are eligible to participate in the DV-2026 Diversity Visa program.
USCIS Implements New Immigration Parole Fee – The fee is $1,000 for fiscal year 2025 and is subject to annual adjustments for inflation. Parolees must pay the fee when they are paroled into the United States unless they qualify for an exception. This fee does not apply to I-485-based paroles.
District Court Rules Trump Administration Policy Targeting Foreign Faculty’s and Students’ Speech Violates First Amendment – A U.S. district judge ruled against the Trump administration in a First Amendment case involving the targeting of pro-Palestinian foreign faculty and students for visa revocation and deportation.
E-Verify Resumes Operations; Employers Hiring When E-Verify Was Unavailable Must Create a Case by October 14 – E-Verify has resumed operations during the federal government shutdown. The announcement includes instructions for employers who hired foreign employees while E-Verify was temporarily not available. Employers who participate in E‑Verify must create an E‑Verify case by Tuesday, October 14, 2025, for each employee hired while E‑Verify was not available.
DOS Announces New Policy for Interviewing Immigrant Visa Applicants – Effective November 1, 2025, immigrant visa applicants must be interviewed in the consular district designated for their place of residence, or in their country of nationality if requested, with limited exceptions.
DACA News: USCIS Issues Memo Calling for Termination for Attempts to Purchase a Firearm; Immigration Attorney Launches National Green Card Initiative – In several developments affecting Deferred Action for Childhood Arrivals (DACA) recipients, U.S. Citizenship and Immigration Services has issued guidance on terminating DACA status when a DACA recipient attempts to purchase a firearm, and an immigration attorney has launched a national green card initiative for DACA recipients.
EOIR Announces New Director: Daren K. Margolin – On October 7, 2025, the Department of Justice’s Executive Office for Immigration Review announced the appointment of a new director.
DETAILS
USCIS Releases Additional Guidance on New $100,000 H-1B Fee
On October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) announced additional guidance related to the September 19, 2025, Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. As of September 21, 2025, new H-1B petitions must be accompanied by an additional $100,000 payment as a condition of eligibility.
USCIS emphasized that for H-1B petitions subject to the Proclamation, “petitioners must submit a copy of the proof of the payment from pay.gov or evidence of an exception from the fee from the Secretary of Homeland Security at the time of filing the H-1B petition. Petitions subject to the $100,000 payment that are filed without evidence of payment or the grant of an exception will be denied.”
USCIS has confirmed that:
- Those who are outside of the United States but have valid H-1B visas are not subject to the $100,000 H-1B fee.
- H-1B petitions requesting a change of status, amendment, or extension of stay are not subject to the $100,000 fee, unless that request is denied (effectively approving the petition for consular notification).
- The Proclamation does not prevent any holder of a current H-1B visa, or any beneficiary following petition approval, from traveling in and out of the United States.
- The fee instructions state that for new H-1B petitions on behalf of individuals outside the United States, the fee must be paid before the petition is filed.
The October 20 guidance did not mention H-1B1 visas. As such, it is unclear whether the Proclamation applies to Chileans and Singaporeans applying for H-1B1 visas. On September 29, however, the U.S. Embassy of Singapore stated that the Proclamation “does not apply to the H-1B1 visa for Singaporean citizens. There is no change to the H-1B1 process at this time.”
On October 20, USCIS updated the H-1B Specialty Occupations page to include a section, “Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers.”
USCIS Discusses Impact of Shutdown on Certain H and CW Petitions
U.S. Citizenship and Immigration Services (USCIS) announced that it will process H-1B, H-2A, and H-2B-related Form I-129 petitions and CW-1-related Form I-129CW petitions during the federal government shutdown. “We recognize, however, that the shutdown may affect a petitioner’s ability to get required documentation (such as a labor condition application or a temporary labor certification from the U.S. Department of Labor), which may delay their ability to file Form I-129 or Form I-129CW.”
If an H-1B, H-2A, H-2B, or CW-1 petitioner meets all other applicable requirements and submits evidence establishing that the government shutdown was the primary reason they did not timely file an extension of stay or change of status request, USCIS will consider the government shutdown an “extraordinary circumstance beyond the petitioner’s control” when it determines whether to excuse the failure to timely file.
USCIS said it will monitor the situation and publish additional guidance if needed.
U.S. Chamber of Commerce Files Lawsuit, Calls New $100K H-1B Fee ‘Unlawful’
On October 16, 2025, the U.S. Chamber of Commerce (USCC) filed a lawsuit challenging the legality of the new $100,000 H-1B fee. USCC said that it believes the new fee “is unlawful because it overrides provisions of the Immigration and Nationality Act that govern the H-1B program, including the requirement that fees be based on the costs incurred by the government in processing visas.”
USCC said it has “heard from many Chamber members—from small to large and across industries—regarding the tremendous negative impact that will be caused” by the fee. The suit argues that “[f]or more than 70 years, what is now known as the H-1B visa program has enabled the United States to harness this magnetic draw. Tens of thousands of highly skilled people in specialized fields boost the American economy each year after obtaining H-1B status. These workers allow businesses of all sizes, in industries across the economy, to innovate and grow. The resulting innovations lead to more American jobs, higher wages, and new products and services that improve the quality of life for all Americans.” Arguing that the new fee “exceeds the President’s lawful authority,” USCC noted that before the presidential proclamation at issue, Restriction on Entry of Certain Nonimmigrant Workers (Sept. 2025), most H-1B petitions cost less than $3,600.
On the same day the lawsuit was filed, USCC published H-1B Visas: What You Need to Know. The brief report notes that “decades of research show that high-skill immigration raises output and local wages without reducing domestic employment. Persistent labor shortages in computer, math, and engineering occupations underscore the demand for specialized skills.”
Visa Bulletin for November Includes Diversity Visa 2026 Results
The Department of State’s (DOS) Visa Bulletin for November 2025 notes that the Kentucky Consular Center in Williamsburg, Kentucky, has registered and notified the selectees who are eligible to participate in the DV-2026 Diversity Visa (DV) program.
The bulletin notes that approximately 129,516 prospective applicants (i.e., selectees and their spouses and children) have been registered, can confirm their selection, and may be eligible to apply for an immigrant visa. “Since selection is random and blind to the number of family members who might immigrate with the selectee, and it is likely that some of the selectees will not complete their cases or will be found ineligible for a visa, this larger figure should ensure that all DV-2026 numbers can be used during fiscal year 2026 (FY26: October 1, 2025, until September 30, 2026),” the bulletin states.
The bulletin includes details on next steps for selectees and a statistical breakdown by country. People can find updates on DOS’s Electronic Diversity Visa Program webpage, including information on registering for DV-2027 when it becomes available.
USCIS Implements New Immigration Parole Fee
On October 16, 2025, the Department of Homeland Security announced publication of a Federal Register notice, effective the same day, to implement a new immigration parole fee required by the reconciliation bill (H.R. 1). The fee is $1,000 for fiscal year 2025 and is subject to annual adjustments for inflation. Parolees must pay the fee when they are paroled into the United States unless they qualify for an exception.
The notice states that the fee applies each time a person “is granted parole under INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A), including initial parole from outside the United States, Congressionally-authorized ‘parole in place,’ re-parole, or parole from DHS custody.” The fee is not due “when an application is merely submitted or when a travel document is issued,” but rather, DHS will collect the fee after it determines that the person “merits a grant of parole as a matter of discretion” and “either appears for inspection at a port of entry or is already physically present in the United States.”
This fee does not apply to advance paroles based on I-485 Applications to Adjust Status to Permanent Residence.
District Court Rules Trump Administration Policy Targeting Foreign Faculty’s and Students’ Speech Violates First Amendment
On September 30, 2025, in American Association of University Professors v. Rubio, a U.S. district judge ruled against the Trump administration in a First Amendment case involving the targeting of pro-Palestinian foreign faculty and students for visa revocation and deportation. The judge said the question was whether noncitizens lawfully present in the United States have the same free speech rights as U.S. citizens, and the answer was that “unequivocally ‘yes, they do.’ ”
The court found that Secretary of Homeland Security Kristi Noem and Secretary of State Marco Rubio, together with their subordinates, “deliberately and with purposeful aforethought” coordinated their actions to intentionally “chill the rights to freedom of speech” and peaceful assembly of the noncitizen members of the plaintiff associations. The court ruled, among other things, that “the Plaintiffs have shown that Secretaries Noem and Rubio are engaged in a mode of enforcement leading to detaining, deporting, and revoking noncitizens’ visas solely on the basis of political speech, and with the intent of chilling such speech and that of others similarly situated. Such conduct is not only unconstitutional, but a thing virtually unknown to our constitutional tradition.”
E-Verify Resumes Operations; Employers Hiring When E-Verify Was Unavailable Must Create a Case by October 14
On October 9, 2025, E-Verify announced that it has resumed operations during the federal government shutdown. The announcement includes instructions for employers who hired foreign employees while E-Verify was temporarily not available, tips on how to handle tentative nonconfirmations (mismatches), and federal contractor deadlines and how to count days when E-Verify was unavailable. It also includes instructions for employees with traditional E-Verify cases or E-Verify+ cases.
The announcement notes that employers who participate in E‑Verify must create an E‑Verify case by Tuesday, October 14, 2025, for each employee hired while E‑Verify was not available. E-Verify went down on October 1, 2025, in conjunction with the shutdown, and was back online without notice late on October 7, 2025.
DOS Announces New Policy for Interviewing Immigrant Visa Applicants
Effective November 1, 2025, immigrant visa applicants must be interviewed in the consular district designated for their place of residence, or in their country of nationality if requested, with limited exceptions, the Department of State (DOS) announced.
Residents of countries where routine visa operations are suspended or paused should apply at their designated immigrant visa processing post, DOS said, unless the applicant is a national of another country with ongoing operations. The DOS notice provides a list of immigrant visa designated processing posts for such countries.
Highlights of DOS’s instructions include:
- Existing Appointments: Existing immigrant visa appointments will generally not be rescheduled or cancelled.
- Post-to-Post Transfers: Beginning immediately, if an applicant would like to transfer an immigrant visa case to a new consular district after the National Visa Center (NVC) has scheduled the appointment, the applicant should contact NVC using its Public Inquiry Form and should not contact the consular section directly.
- Residence Requirement: If an applicant requests to interview in a location other than the applicant’s assigned consular district or country of nationality, NVC may request additional information to confirm that the location is an applicant’s place of residence, or to confirm whether an exception may be appropriate.
- Exceptions: Rare exceptions may be made for humanitarian or medical emergencies or foreign policy reasons.
- Diversity Visas: These changes will be applied to Diversity Visa applicants in the DV-2026 program year.
DACA News: USCIS Issues Memo Calling for Termination for Attempts to Purchase a Firearm; Immigration Attorney Launches National Green Card Initiative
In several developments affecting Deferred Action for Childhood Arrivals (DACA) recipients, U.S. Citizenship and Immigration Services (USCIS) has issued guidance on terminating DACA status when a DACA recipient attempts to purchase a firearm, and an immigration attorney has launched a national green card initiative for DACA recipients.
USCIS Releases Guidance on DACA Termination for Attempted Firearm Purchase
U.S. Citizenship and Immigration Services (USCIS) is instructing USCIS officers “to initiate certain post-adjudicative actions to ensure that [Deferred Action for Childhood Arrivals (DACA)] is properly terminated when DACA recipients engage in certain unlawful acts.” In a new memorandum, USCIS calls attempts to purchase a firearm by DACA recipients “unlawful” where they have, “without regard to intent, attempted to purchase a firearm and [do] not meet one of the exceptions provided in 18 U.S.C. 922(y)(2).” Those exceptions include a person who is:
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is—
(i) accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; or
(ii) en route to or from another country to which that alien is accredited;
(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or
(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
The memo states that in most cases, a Notice of Intent to Terminate (NOIT) DACA should be issued when a DACA recipient attempts to purchase a firearm and that issuance of the NOIT must comply with the law and regulations requiring notice and an opportunity to respond before the DACA grant is terminated. If the DACA recipient has had an opportunity to respond and has failed to provide “sufficient and persuasive evidence to overcome the grounds for termination outlined in the NOIT, USCIS may issue a Notice of Termination.” The only exception to the NOIT requirement is that “USCIS may terminate a grant of DACA without a NOIT and an opportunity to respond if the DACA recipient is convicted” of certain national security-related offenses or egregious public safety offenses.
National Green Card Initiative for DACA Recipients Launched
Hillary Walsh, an immigration attorney, has launched a national green card initiative targeting high-skilled DACA recipients and their employers. Specifically, the program educates employers about their options, and encourages eligible DACA recipients to explore whether they may qualify for employer sponsorship or national interest waivers (NIWs) if they are in certain fields (e.g., registered nurses, physicians, physical therapists, those in science or technology fields like robotics engineering, innovative entrepreneurs). In some cases, they may be able to self-petition for an NIW, or their employers may wish to file a permanent labor certification application.
“I graduated law school the same year DACA became a program, and for over a decade I have watched these professionals build careers while remaining locked out of permanent residency,” Ms. Walsh said. “It’s time to highlight employment-based and self-petition paths that match the contributions they are already making.”
EOIR Announces New Director: Daren K. Margolin
On October 7, 2025, the Department of Justice’s Executive Office for Immigration Review announced the appointment of a new director, Daren K. Margolin.
Mr. Margolin earned his Juris Doctor degree in 1990 from New York Law School, and a Master of Political Science/National Security Studies degree in 2010 from the Israeli National Defense College and Haifa University. His experience includes serving as an Assistant Chief Immigration Judge at multiple immigration courts in California; Assistant Chief Counsel, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, Department of Homeland Security, in Adelanto, California; a military judge, prosecutor, appellate prosecutor, and defense counsel for the U.S. Marines; and staff judge advocate (general counsel) for various Marine commands.
Mr. Margolin is a member of the State Bars of California, Hawaii, New Jersey, and New York.
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PUBLICATIONS AND ITEMS OF INTEREST
Policy brief on mass worksite enforcement. The American Immigration Lawyers Association has published a new policy brief, Mass Worksite Enforcement Harms U.S. Economy and Communities.
Know your rights. A number of organizations, including the American Civil Liberties Union (English and Spanish), the Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., the National Immigrant Justice Center, and the Asian Law Caucus, have published resources highlighting immigrants’ rights in the United States, including “know your rights” information and what documents they may want to carry when traveling inside the United States. ACLU of Northern California has also released Know Your Rights: U.S. Airports and Ports of Entry.
See also Information for Employers — “What to Do if Immigration Comes to Your Workplace” : NELP_EmployerGuide_Eng_2025_Final-.pdf. Note the important distinction between administrative and judicial warrants, and a public lobby versus private areas of a business.
IMMIGRATION AGENCY INFORMATION/PROCESSING TIMES
U.S. Customs and Border Protection:
Accessing I-94 Information: https://i94.cbp.dhs.gov/I94/#/home
Department of Labor:
PERM and Prevailing Wage Processing Times: https://flag.dol.gov/processingtimes
State Department:
Visa Appointment Wait Times: https://travel.state.gov/content/travel/en/us-visas.html
Monthly Immigrant Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
U.S. Citizenship and Immigration Services:
Processing Times: https://egov.uscis.gov/processing-times/
Case Status Online: https://egov.uscis.gov/
GOVERNMENT ENGAGEMENTS
E-Verify webinars: E-Verify has added a webinar with a focus on acceptable documents for Form I-9 verification, and has updated its calendar of webinars.
SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) has updated its calendar of webinars.
Immigration agency X (formerly Twitter) accounts:
- EOIR: @DOJ_EOIR
- ICE: @ICEgov
- Study in the States: @StudyinStates
- USCIS: @USCIS
Alliance of Business Immigration Lawyers: ABIL is available on X (formerly Twitter): @ABILImmigration
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This information was prepared in collaboration with ABIL, the Alliance of Business Immigration Lawyers, comprised of twenty U.S. immigration lawyers who head some of the top immigration practices in the country. Larrabee Albi Coker LLP is an active member of ABIL.
Legal Disclaimer: This information is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter.