DHS implements $1,000 immigration parole fee

On October 16, 2025, the Department of Homeland Security (DHS) began assessing and collecting a $1,000 parole fee pursuant to its announcement in the Federal Register. Unless an exception applies (see below), the parole fee will attach when a foreign national’s parole application is to be granted and the foreign national paroled into the U.S. This means that the $1,000 fee is not required upon submission of the parole application, but rather, the fee must be paid when parole is to take effect, no matter when the parole application was filed.   

Under the Immigration and Nationality Act (INA), “parole” may be granted for a temporary period where an individual may be ineligible for admission into the U.S. on a case-by-case basis for humanitarian reasons or for a significant public benefit. Parole may be sought by individuals outside the U.S.; individuals who are already inside the U.S. seeking “parole in place” or re-parole; or individuals who are already in the U.S. and seeking to depart the U.S. temporarily and who seek advance parole or travel authorization to return.  

Exceptions to the $1,000 parole fee 

There are ten exceptions where the parole fee will not be applicable, subject to DHS’ discretion:  

1. The foreign national has a medical emergency and cannot obtain treatment in their country of residence abroad; or the medical emergency is life-threatening and there is insufficient time to be admitted through a normal U.S. visa process; 

2. The foreign national is the parent or legal guardian of a foreign national minor who meets exception #1;  

3. The foreign national is needed in the U.S. to donate an organ or other tissue for transplant; and there is insufficient time for them to be admitted through the normal U.S. visa process; 

4. The foreign national has a close family member in the U.S. whose death is imminent; and the foreign national could not arrive in the United States in time to see such family member alive if they were to be admitted through the normal U.S. visa process; 

5. The foreign national is seeking to attend the funeral of a close family member; and they could not arrive in the United States in time to attend such funeral if they were to be admitted through the normal U.S. visa process; 

6. The foreign national is an adopted child who has an urgent medical condition; who is in the legal custody of the petitioner for a final adoption-related visa; and whose medical treatment is required before the expected award of a final adoption-related visa;  

7. The foreign national is a lawful applicant for adjustment of status (I-485); and is returning to the U.S. after temporary travel abroad (i.e. advance parole); 

8. The foreign national is entering to attend their immigration hearing after the U.S. government returned the foreign national to the contiguous country from which the foreign national previously tried to enter the US by land but was found to be inadmissible;  

9. The foreign national is a “Cuban-Haitian Entrant” (CHE)  

10. The Secretary of Homeland Security determines that a significant public benefit has resulted or will result from the parole of a foreign national who has assisted or will assist with the U.S. government in a law enforcement matter; whose presence is required in furtherance of such law enforcement matter; and who is inadmissible or does not satisfy the eligibility requirements for admission as a nonimmigrant or for which there is insufficient time for them to be admitted to the through the normal U.S. visa process.  

Collection of the fee 

U.S Customs and Border Protection (CBP) will collect the parole fee for foreign nationals who apply for admission to the United States if:  

1. the foreign national requests parole by presenting themselves for inspection at a U.S. port of entry (including if authorized by another DHS agency to seek parole at the port of entry);  

2. CBP, in its discretion, determines the foreign national should be granted parole; and 

3. The foreign national does not demonstrate to CBP’s satisfaction and in its discretion that they are eligible for one of the ten fee exceptions above.   

If CBP concludes that an applicant should be granted parole and is subject to the fee, CBP will provide a notification of the applicability of the fee and give instructions on how to pay. CBP will likely place the applicant in secondary inspection, where the applicant can pay the fee by credit card.  

U.S. Immigration and Customs Enforcement (ICE) will collect the parole fee when it grants parole to those who are physically present in the U.S. ICE will notify those to whom the $1,000 fee applies and provide instructions on how to pay the fee.  

U.S. Citizenship and Immigration Service (USCIS) will collect the $1,000 fee if it decides a Form I-131 Application for Travel Documents, Parole Documents, and Arrival/Departure Records is approvable for parole in place or re-parole. USCIS will issue a conditional approval notice before final adjudication, stating that the parole approval is conditioned upon payment of the $1,000 fee by the stated deadline, and provide payment instructions; otherwise, the parole request will be denied.  

Since the implementation of the fee, Deferred Action for Childhood Arrivals (DACA) recipients holding Advance Parole documents have been required to pay the $1,000 fee to be paroled into the U.S. We will post further updates as we learn more. 

Veronica Staneck & Jennifer Carr. © Jewell Stewart Pratt Beckerson & Carr PC 2025

USCIS issues new guidance on applicability of President Trump’s $100,000 H-1B fee

As discussed in prior posts, President Trump recently signed a proclamation restricting the entry of H1B nonimmigrant workers unless their petitions are accompanied by a new $100,000 fee. On October 20, 2025, USCIS issued additional guidance on the applicability of the fee to H-1B petitions.

Key takeaways from the guidance  

According to this guidance, the following H-1B petitions filed on or after 12:01 am EDT on September 21, 2025 are subject to the fee:

1. Petitions for beneficiaries who are outside the United States and do not have a valid H-1B visa.

2. Petitions requesting consular notification, port of entry notification, or pre-flight inspection for a beneficiary in the United States.

3. Petitions requesting a change of status (COS), amendment, or extension of stay (EOS) where USCIS subsequently determines that the beneficiary is ineligible for that benefit.

According to the guidance, the following are NOT subject to the fee:

1. Previously issued and currently valid H-1B visas.

2. Petitions filed prior to 12:01 am EDT on September 21, 2025.

3. Holders of a current H-1B visa, or a beneficiary of an approved petition, seeking to travel in and out of the United States.

4. Petitions filed at or after 12:01 am EDT on September 21, 2025, that request an amendment, COS, or EOS for a beneficiary inside the United States where the beneficiary is granted that request. Such beneficiaries will not be subject to the fee if they subsequently depart the United States and apply for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.

The guidance provides an email address where petitioners can apply to the Secretary of Homeland Security for an exception to the fee. The Secretary must determine that a particular worker’s presence in the United States is in the national interest, that no American worker is available to fill the role, that the alien worker does not pose a threat to the security or welfare of the United States, and that requiring the petitioning employer to make the payment on the alien's behalf would significantly undermine U.S. interests. The guidance also provides a pay.gov link where the $100,000 fee can be paid.

What this means for employers

USCIS’ guidance clarifies the applicability of the $100,000 fee, in that it appears to exempt future H-1B cap cases where the beneficiary is in the United States in another valid status on the filing date. It also exempts petitions requesting an amendment, COS, or EOS for a beneficiary inside the United States where that request is granted.

However, it also confirms that the fee will apply in scenarios where a petition cannot be approved for a COS, EOS, or amendment and must instead be approved for “consular notification.” This creates heightened risk for H-1B extensions filed close to expiration dates, when beneficiaries have gaps in lawful status, or when COS requests are denied. In such cases, the fee may be triggered.

From a compliance perspective, this places greater importance on early and timely filings, use of Premium Processing, and maintaining uninterrupted status, to avoid scenarios in which status cannot be granted within the United States. As always, foreign nationals should consult with counsel before making international travel plans.

While the guidance provides reassurance for most routine extensions and amendments filed on behalf of employees who remain in valid H-1B status, it also raises the stakes for late or complex filings, making proactive case management essential.

Chris Beckerson and Snigdha Ravulapati. © Jewell Stewart Pratt Beckerson & Carr PC 2025

U.S. Supreme Court leaves employment authorization for H-4 spouses of certain H-1B workers intact

After nearly a decade of litigation, the long-running battle over employment authorization for certain H-4 visa holders appears to be over. On October 14, 2025, the U.S. Supreme Court declined to take up Save Jobs USA v. Department of Homeland Security, a case challenging the legality of 8 CFR 214.2(h)(9)(iv). Under this regulation, an H-4 spouse of an H-1B nonimmigrant is eligible to apply for an Employment Authorization Document (EAD) if the H-1B nonimmigrant:

• Is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or

• Has been granted an H-1B extension beyond the six-year limit on H-1B time under sections 106(a) or (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC-21), as amended.

Sections 106(a) and (b) of AC-21 refer to H-1B extensions that are based upon the filing of a PERM labor certification application or Form I-140, immigrant petition for alien worker, at least one year before the end of the H-1B nonimmigrant’s six-year limit, where no final decision to deny the PERM application, I-140, or subsequent application for lawful permanent residence has been made.

The U.S. Supreme Court’s decision to deny certiorari—meaning it refused to hear an appeal from a lower court's decision— in Save Jobs USA leaves in place the D.C. Circuit Court of Appeal’s ruling upholding the Department of Homeland Security (DHS)’s authority to grant this type of employment authorization. While the U.S. Supreme Court’s decision does not constitute a ruling on the merits, it ends the litigation and effectively reaffirms DHS’s authority in promulgating the H-4 EAD regulation.

Although Save Jobs USA directly concerned H-4 spouses, its implications extended beyond that visa category. For example, similar arguments of legal authority to grant employment authorization underpin Optional Practical Training employment authorization for F-1 students. A U.S. Supreme Court ruling against DHS in this case had the potential to disrupt not just the H-4 EAD rule but other programs providing employment authorization to foreign nationals too.

Our prior blog posts regarding H-4 EAD matters can be found here.

Snigdha Ravulapati © Jewell Stewart Pratt Beckerson & Carr PC 2025

DHS proposes wage-based selection system for annual H-1B cap lottery

On September 24, 2025, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) that would change the way annual H-1B cap lottery selections are made. The announced change would, in years when demand for new H-1B visas exceeds the annual numerical cap, replace the current random lottery with a wage-weighted selection process. Each unique registered beneficiary would get entries in the lottery based on the level of their offered wage (Level IV = 4 entries, Level III = 3 entries, Level II = 2 entries, Level I = 1 entries) in the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics (OEWS) system. After the draw to fill the regular H-1B cap of 65,000 per year, the advanced-degree exemption of up to 20,000 would use the same weighting system.

After the 30-day public comment period, if the regulation becomes a Final Rule, DHS intends implement the new process in the H-1B cap registration in 2026 for new H-1Bs taking effect in FY2027, starting October 1, 2026. However, because litigation is likely in the event of a Final Rule, it is unknown whether or when such a Final Rule would apply.

Note that before the end of the first Trump Administration, in 2020, DHS adopted a Final Rule for a wage-weighted H-1B lottery selection, similar in some respects to the current NPRM. Implementation of that rule was delayed and ultimately withdrawn by the Biden Administration after a federal court vacated it. Our blog post on the NPRM for that Final Rule is here.

Existing H-1B law relating to wages

Under existing law and procedure, the beneficiary’s offered wage is not considered in the H-1B cap lottery registration process. Only after a beneficiary is selected in the lottery may an employer file an H-1B petition with USCIS. As part of the H-1B petition process, the petitioner (employer) must file with the U.S. Department of Labor (DOL) a Labor Condition Application (LCA) attesting, among other things, that it will pay the beneficiary a wage that is the higher of: (1) the actual wage that it pays to all other individuals with similar experience and qualifications for the specific employment in question in the geographic area of employment; or (2) the prevailing wage for the occupational classification, per DOL’s Standard Occupation Classification, or SOC, system, in the geographic area of intended employment. Prevailing wages are usually calculated by reference to the government’s OEWS system. DOL uses OEWS data to set four levels of prevailing wage for each occupation in locations across the United States, referred to as Levels I, II, III, and IV.

Proposal would require employers to calculate required wage before lottery registration

Instead of the minimal information required for an H-1B cap lottery registration under current regulations (employee name and passport details, basic employer information including name, address, FEIN, and authorized signer details, etc.), the proposed regulation would require, in addition, that the electronic registration form include the SOC code for the occupation, the wage that an employer will pay the H-1B worker, the prevailing wage rate for the job, the source of the prevailing wage rate, and the applicable prevailing wage level (Level I, II, III, or IV).

Selection of prevailing wage level for purposes of lottery registration

Because a higher prevailing wage level (I, II, III, or IV) will correlate with increased chances of lottery selection, the proposed rule seeks to prevent “gaming the system.” It would require the employer to identify the prevailing wage level that the wage it intends to pay the beneficiary would equal or exceed for the relevant SOC code in the geographic area(s) of intended employment. The OEWS wage level selected on the petition must reflect the corresponding prevailing wage level as of the date the registration is submitted.

A typical fact pattern for an H-1B registration under the new rule will involve one beneficiary, registered by only one employer, using the OEWS wage data for prevailing wage, for a job that corresponds to an occupation in the SOC system, to be performed in a single geographic location. In such a case, selection of Level I, II, III, or IV will follow normal DOL guidance. However, certain factual variations are covered in the proposed rule as follows:

• If the proffered wage is expressed as a range: The registrant would select the prevailing wage level that the lowest wage in the range will equal or exceed.

• If the H-1B beneficiary will work for the employer in multiple locations, or in multiple positions if the registrant is an agent: The registrant would select the box for the lowest equivalent wage level among the corresponding wage levels for each of those locations or each of those positions and would list the location corresponding to that lowest equivalent wage level as the area of intended employment. In the example give in the preamble of the NPRM, if the beneficiary would work as a software developer (SOC code 15-1252) with a proffered wage of $175,000 in both Sacramento, California, where such wage exceeds Level IV, and San Francisco, California, where the highest level that such wage meets or exceeds would be Level II, the registrant would select the “Level II” box on the registration form and list San Francisco as the area of intended employment.

• If multiple employers register the same unique beneficiary: USCIS uses a “beneficiary-centric” H-1B cap registration process. Multiple employers (provided they are not related to each other and not coordinating with each other) may register the same beneficiary, assuming each employer has a bona fide job for the beneficiary; however, the beneficiary is only entered once in the H-1B cap lottery. If a beneficiary is selected, and has been registered by multiple employers, each employer receives a selection notice, and the beneficiary may then choose to pursue an H-1B with any of those employers. The NPRM proposes to operate in conjunction with the existing beneficiary-centric selection process. Specifically, USCIS would continue to count registrations based on the number of unique beneficiaries who are registered but would enter each unique beneficiary into the selection pool in a weighted manner based on an assigned OEWS wage level. USCIS would assign each unique beneficiary an OEWS wage level based on the lowest OEWS wage level among all registrations submitted on the beneficiary’s behalf. For example, a beneficiary for whom a Level I registration and a Level IV registration are submitted would be assigned to Level I for the purpose of weighted selection.

• If the employer relies on a prevailing wage from a source other than the OEWS wage system: In this case, if the proffered wage is less than the corresponding Level I OEWS wage, the registrant would select the “Level I” box on the registration form.

H-1B cap-subject petition filing following registration selection

An H-1B petition may be filed for a beneficiary only if the petition is based on a valid selected registration. Under the NPRM, the H-1B petition would have to contain the same identifying information and position information, including SOC code, provided in the selected registration and indicated on the LCA used to support the petition. The petition would also have to include a proffered wage that equals or exceeds the prevailing wage for the corresponding OEWS wage level in the registration for the SOC code in the geographic area(s) of intended employment.

Although the NPRM would require the registrant to list only one work location in their registration — the work location corresponding to the lowest wage level if there will be multiple work locations for the same employer – the H-1B petition would have to list all addresses where the beneficiary will work. If the geographic area of intended employment provided in the registration is not listed in the H-1B petition, USCIS may, in its discretion, determine that a change in the area(s) of intended employment is permissible, provided such change is consistent with a “bona fide job offer” at the time of registration.

Bona fide job offer

Substantial attention in the NPRM’s preamble is devoted to the requirement of a “bona fide job offer.” Any variations from the job details that were identified in the H-1B lottery registration will be subject to evaluation by USCIS of whether there was a bona fide job offer. Examples given in the NPRM include:

• The geographic area of intended employment provided at registration is expected to be reflected as a worksite in the subsequently filed petition. However, recognizing that there are legitimate reasons that an intended work location might change between the time of registration and the time of filing the petition, DHS is proposing that USCIS may, in its discretion, find that a change in the geographic area(s) of intended employment would be permissible, provided such change is consistent with a bona fide job offer at the time of registration. For instance, the NPRM’s preamble states, an employer with multiple offices might decide to place the beneficiary at a different office than originally intended at a wage that equals or exceeds the same equivalent wage level for the new location as that indicated on the registration.

• Using the NPRM’s example of the beneficiary who would work in both Sacramento and San Francisco where the registration only listed San Francisco as the area of intended employment, the petition would list both Sacramento and San Francisco as work locations.  In such a case, USCIS would not consider this to be a “change in the area(s) of intended employment.”

• The proposed rule would allow USCIS to deny a subsequent new or amended H-1B petition filed by the petitioner, or a related entity, on behalf of the same beneficiary if USCIS were to determine that the filing of the new or amended petition was part of the petitioner’s attempt to unfairly increase the odds of selection during the registration selection process, such as by reducing the proffered wage to an amount that would be equivalent to a lower wage level than that indicated on the original registration or petition.

• If a new or amended petition includes the same proffered wage but a changed work location such that the proffered wage corresponds to a lower OEWS wage level for the new location than the level indicated on the registration, USCIS could consider that change in determining whether the new or amended petition was part of the petitioner’s attempt to unfairly increase the odds of selection. However, if the wage continues to meet or exceed the same OEWS wage level as listed on the original petition, USCIS would consider the totality of the circumstances when determining whether to deny a new or amended petition.

Reminder about “cap-exempt” H-1B categories, not subject to statutory numerical limits or lotteries

The NPRM’s proposed registration and selection rules apply only to “cap-subject” H-1B registrations/petitions. An H-1B beneficiary’s work for nonprofit research organizations, governmental research organizations, and nonprofit organizations affiliated with institutions of higher education is considered cap-exempt.

We will post further updates as we learn more about the status of this NPRM, and about the revised H-1B registration fields to be included in the myUSCIS registration filing portal in connection with it.

© Jewell Stewart Pratt Beckerson & Carr PC 2025

Presidential Proclamation Imposes $100,000 Fee on Certain H1B Entries

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case.

UPDATE 09/24/2025

Since President Trump released his proclamation on Friday, September 19, 2025, imposing a $100,000 fee on certain H1B entries, several government agencies have released information aimed at clarifying the proclamation’s reach. In prior updates (below) we drew attention to USCIS’ memorandum, CBP’s memorandum, and the White House Press Secretary’s statement on x.com. Since then, several more documents have been released:

USCIS, “H-1B FAQ,” September 21, 2025
Department of State, “H-1B FAQ,” September 21, 2025

These documents are identical in content. They state that:

• The payment is required for “any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on Sept. 21, 2025. … The fee is a one-time fee on submission of a new H-1B petition.”

• The payment is NOT required for

  • Previously issued H-1B visas

  • Petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.

  • “[A]ny H-1B renewals.”  Further guidance is needed on what the agencies mean by “renewals.”

• The proclamation “Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.”

Department of State (“DOS”), “Restriction on Entry of Certain Nonimmigrant Workers,” September 21, 2025

• States that the proclamation’s “restrictions on visa issuance and entry apply only to [applicants] seeking visa issuance or entry into the United States based on H-1B petitions filed with USCIS after the Proclamation’s effective date of September 21, 2025, at 12:01 a.m. Eastern Daylight Time.” The guidance does not state which type of petitions are affected.

• Confirms that no visas have been revoked pursuant to the Proclamation.

• States that all exceptions to the Proclamation “will be determined by the Department of Homeland Security” (DHS), suggesting that DOS will defer to DHS to enforce the fee.

(The White House also released “Fact Sheet: President Donald J. Trump Suspends the Entry of Certain Alien Nonimmigrant Workers” on September 21, 2025, which we did not link to before. We include it here for completeness’ sake, though it did not provide clarifications on the proclamation’s reach.)

Many questions remain and we await further guidance from the agencies. The only thing that seems certain is that the international travel of current H1B visa holders (i.e., those with a valid unexpired H1B visa printed in their passport) should not be affected by the proclamation and the new fee.

Further clarification is needed regarding USCIS-filed H1B petitions for extensions of stay, amendments of stay, and changes of employer, and cap-exempt H1B petitions, that are filed after September 19, 2025. The guidance seems to be pointing to the new policy affecting only those petitions submitted in the 2026 H1B lottery; however, until we have clarifying guidance or real-time experience, we do not know for sure.  

Reminder: Changes are rapidly evolving and may not be immediately posted here.

Chris Beckerson © Jewell Stewart Pratt Beckerson & Carr PC 2025

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UPDATE 09/21/2025

On September 20, 2025, White House Press Secretary Karoline Leavitt posted the following on x.com regarding the new $100,000 fee in President Trump’s September 19 proclamation:

1.) This is NOT an annual fee. It’s a one-time fee that applies only to the petition.

2.) Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter. H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation.

3.) This applies only to new visas, not renewals, and not current visa holders.

It will first apply in the next upcoming lottery cycle.

Assuming this announcement is followed by responsible government agencies, this is good news for current H1B visa holders and their employers. Their international travel should not be affected by the proclamation and the new fee.

Litigation may affect the proclamation’s effect on the upcoming H1B lottery in 2026. We will post here as further updates become available.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

Chris Beckerson © Jewell Stewart Pratt Beckerson & Carr PC 2025

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UPDATE 09/20/2025

On September 20, 2025, U.S. Customs & Border Protection (CBP) posted a memorandum on x.com making certain clarifications to President Trump’s proclamation of September 19. The memorandum states (CBP’s emphasis):

This Proclamation only applies prospectively to petitions that have not yet been filed. It does not impact aliens who are the beneficiaries of currently approved petitions, any petitions filed prior to 12:01 AM ET on September 21, 2025, or aliens in possession of validly issued H­1B non-immigrant visas. United States Citizenship and Immigration Services and the Department of State have been instructed to begin implementing the new monetary requirement for employers submitting petitions on behalf of aliens outside the United States for new H-1B petitions only. The Proclamation does not impact the ability of any current visa holders to travel to or from the United States. CBP will continue to process current H-1B visa holders in accordance with all existing policies and procedures.

On September 20, 2025, U.S. Citizenship & Immigration Services issued a memorandum also making certain clarifications to President Trump’s proclamation of September 19. The memorandum states (USCIS’ emphasis):

This guidance applies to H-1B employment-based petitions filed after 12:01 AM ET on September 21, 2025.  

This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas. All officers of United States Citizenship and Immigration Services shall ensure that their decisions are consistent with this guidance. The proclamation does not impact the ability of any current visa holder to travel to or from the United States.

Both memoranda appear to confirm that current H1B visa holders may travel internationally without becoming subject to the proclamation’s $100,000 fee, which is a critical omission from the proclamation’s text. CBP, which inspects applicants for admission at the border, says the proclamation only applies prospectively to petitions that have not yet been filed; does not impact beneficiaries of currently approved petitions, any petitions filed prior to 12:01 AM ET on September 21, 2025, or beneficiaries in possession of validly issued H­1B non-immigrant visas; and does not impact the ability of any current visa holders to travel to or from the United States.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

Chris Beckerson © Jewell Stewart Pratt Beckerson & Carr PC 2025

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ORIGINAL POST 09/19/2025

On September 19, 2025, President Trump signed a proclamation restricting the entry of H1B nonimmigrant workers unless their petitions are accompanied by a new $100,000 payment. This dramatic policy shift has generated immediate concern among employers, foreign workers, and the broader business community.

Below, we break down the key points of the proclamation and its immediate impact. We believe the effect of this proclamation is limited to new petitions filed after its effective date, September 21, 2025 at 12:01am Eastern Time. However, we anticipate that government agencies will issue implementation details in the coming weeks.

Key Takeaways from the Proclamation

• Applies to H1B workers outside the U.S. The new restriction appears to apply only to H-1B workers outside the United States who seek to enter on or after September 21, 2025. Guidance from U.S. Customs & Border Protection is presumably forthcoming.

• Temporary in scope: The restriction is set to expire after 12 months (unless extended).

• Exceptions available: The Department of Homeland Security (DHS) may waive the requirement for individual foreign workers, foreign workers employed by particular companies, and foreign workers in particular industries where it is deemed to be in the national interest. It is unclear how DHS will administer these exceptions.

• Other petitions: H1B petitions for extensions, amendments, and changes of employer appear to be unaffected. However, we are awaiting guidance from the DHS and U.S. Citizenship & Immigration Services.

What This Means for Employers

• Current H-1B workers in the U.S. do not seem directly affected. Employers can continue filing extensions and amendments under existing rules unless and until clarification is received from DHS.

• New hires abroad are impacted. Unless the $100,000 payment has accompanied an H1B petition for a foreign national outside the U.S.—or an exception applies—entry will be blocked.

• Legal challenges are likely. Similar measures in past administrations have been delayed or struck down in court, meaning implementation may not proceed as quickly or broadly as announced.

Until further information and guidance is received from the government, it is recommended that H1B workers currently present in the United States refrain from international travel.

The proclamation also directs the Department of Labor (DOL) and DHS to begin rulemaking to (1) raise prevailing wage levels and (2) prioritize high-wage, high-skill H1B cases. We will provide more information on this as it becomes available.

Bottom Line

While the headline number is striking, the most important point is that this proclamation does not seem to apply to H1B workers already in the U.S. and may face significant legal challenges before it is implemented.

We are closely tracking developments and will provide timely updates as the situation unfolds.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

Chris Beckerson © Jewell Stewart Pratt Beckerson & Carr PC 2025

Hungary’s Visa Waiver Program Status Fully Restored by the U.S. Department of Homeland Security

The U.S. Department of Homeland Security (DHS) announced today that the prior restrictions imposed on Hungary’s Visa Waiver Program (VWP) status have been removed and its full status restored.

Previously, DHS had placed restrictions that limited Hungarian citizens’ ability to travel under the VWP and their ability to use the Electronic System for Travel Authorization (ESTA.)

In 2021, DHS begin denying new ESTA applications made by Hungarian applicants born outside of Hungary and also revoked already-issued ESTAs from all Hungarian passport holders outside of Hungary. In 2023, ESTAs issued to Hungarians were limited to a single entry and a validity period of only one year.

The restoration of VWP and ESTA access was approved by DHS after the Hungarian government completed steps to address security vulnerabilities requested by the U.S. government.

Starting on September 30, 2025, Hungarian citizens will now be able to apply for an ESTA with multiple entries and a two-year validity period. A complete list of VWP-eligible countries can be found here.

David Binsacca © Jewell Stewart Pratt Beckerson & Carr PC 2025

Business Travel After the Hyundai Factory Raid: Lessons for Employers and Business Travelers

Recent events at the Hyundai battery factory in Atlanta, Georgia, have raised significant concerns for employers and business travelers, following the arrests of hundreds of South Korean citizens. This situation echoes the earlier Infosys settlement over a decade ago, which highlighted potential pitfalls in the misuse of B-1 visas for skilled labor in the U.S.

While the specifics of the Hyundai case continue to unfold, it's generally believed that many of the foreign nationals involved were in the U.S. on business visas. Understanding the nuances of these visas is crucial for avoiding issues with business travel.

Understanding B-1 Visas and ESTA

The B-1 visa, or ESTA under the Visa Waiver Program (VWP), is intended for individuals visiting the U.S. for business purposes. Permissible activities under a B-1 visa include attending business meetings, negotiating contracts, and participating in conferences or seminars. Notably, these visas do not allow for gainful employment or work within the U.S., except under certain conditions.

The Hyundai Scenario: Visa Use Uncertainty

It’s unclear whether the Hyundai employees or contractors used the VWP, requiring minimal pre-vetting, or obtained B-1 visas through a consular application and vetting process. Furthermore, we do not know what these individuals declared to U.S. Customs & Border Protection upon application for admission to the U.S.

However, the U.S. Department of State’s Foreign Affairs Manual (FAM) outlines several provisions that might apply. For instance, 9 FAM 402.2-5(E)(1) pertains to after-sales services, such as installing, servicing, or repairing commercial or industrial equipment, or training U.S. workers for these tasks. It’s speculated that many of the Hyundai workers were in the U.S. under this provision, raising legitimate questions about their arrests, given these activities are typically legal.

Another relevant provision is the controversial yet valid B-1 in lieu of H (BILOH), detailed in 9 FAM 402.2-5(B), which we've discussed extensively in our 2013 post. Additionally, the standard FAM provision for business travel, 9 FAM 402.2-5(B), allows for consulting with business associates and engaging in commercial transactions.

Key Takeaways for Business Travelers

Regardless of the specifics, this incident underscores the importance of thorough preparation for business travel to the U.S. Consulting with an attorney about the legality of your proposed activities, trip duration, and travel frequency is crucial. By planning visits carefully and adhering to permissible activities, you can reduce the risk of complications with U.S. business travel. 

Claire Pratt © Jewell Stewart Pratt Beckerson & Carr PC 2025

New Policies Requiring Visa Interviews in Applicants’ Home Countries

On September 6, 2025, the Department of State announced a policy that applicants must apply for nonimmigrant visas in their home countries. This policy reverses years of flexibility in interview location choice: the prior policy allows applicants to interview anywhere they were physically present, albeit often with lengthier wait times for appointments.  

The policy states: 

• Applicants for U.S. nonimmigrant visas (NIV) should schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence. 

• Nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations must apply at the designated embassy or consulate, unless their residence is elsewhere. . . . 

Applicants should note the following: 

• Residence Requirement: Applicants must be able to demonstrate residence in the country where they are applying, if the place of application is based on their residency. 

• Fees: Applicants who schedule nonimmigrant interviews at a U.S. embassy or consulate outside of their country of nationality or residence might find that it will be more difficult to qualify for the visa. Fees paid for such applications will not be refunded and cannot be transferred.  

• Appointment Availability: Wait times for nonimmigrant interview appointments vary by location. Applicants applying outside their country of nationality or residence should expect to wait significantly longer for an appointment. 

• Existing Appointments: Existing nonimmigrant visa appointments will generally not be cancelled. 

• Exceptions: This guidance does not apply to applicants for A, G, C-2, C-3, NATO visas, applicants for diplomatic-type or official-type visas (regardless of classification), or applicants for any visa for travel covered by the UN Headquarters Agreement. Rare exceptions may also be made for humanitarian or medical emergencies or foreign policy reasons. 

Although the policy states that applicants “should” apply in their home country (vs. “must”), the word “should” is followed by the list of exceptions, so the rule may be interpreted as a strict requirement. It is also unclear whether someone residing in another county pursuant to a temporary visa may be considered a “resident” for the purposes of a nonimmigrant visa interview. Internal guidance to consular officers may be clearer on these points. As the policy is rolled out and implemented, practices may vary from post to post. 

This policy change follows on the heels of a similar announcement with regard to immigrant visa applications (i.e., for permanent residence, AKA green cards), which must also generally be completed in the country of citizenship. 

Claire Pratt © Jewell Stewart Pratt Beckerson & Carr PC 2025

USCIS Issues Policy Updates on Good Moral Character Evaluation for Naturalization and “Anti-American” Activities in Immigration Benefit Requests

Updated September 23, 2025 to include new N-400 testing information

In August 2025 U.S. Citizenship and Immigration Services (USCIS) made several policy announcements related to good moral character and “anti-American” activities that may impact applicants seeking naturalization (citizenship) and/or other immigration benefits. In September 2025, USCIS also announced revisions to the naturalization civics exam. Details follow:

Good Moral Character for Naturalization Applications

On August 15, 2025, USCIS announced a comprehensive, totality of the circumstances approach for assessing good moral character (GMC) for naturalization applicants. Specifically, rather than simply relying on the absence of criminal offense or misconduct during the three- or five-year GMC period, USCIS officers must now weigh the applicant’s positive attributes, such as but not limited to: 

• Sustained community involvement and contributions in the U.S. 

• Family caregiving, responsibility, and ties in the U.S. 

• Educational attainment 

• Stable and lawful employment history and achievements 

• Length of lawful residence in the U.S. 

• Compliance with tax obligations and financial responsibility in the U.S. 

In evaluating the disqualifying factors, USCIS will now apply greater scrutiny and review all available documentation to determine eligibility for naturalization. 

With the new holistic approach, USCIS will also review whether applicants, who have previously engaged in wrongdoing have properly rehabilitated based on evidence including: 

• Rectifying overdue child support payments or other family obligations 

• Compliance with probation or other conditions imposed by a court 

• Community testimony from credible sources attesting to applicant’s ongoing good moral character 

• Reformation or mentoring those with similar past 

• Full repayment of overpayment of benefits such as SSI 

• Full payment of overdue taxes 

Neighborhood Investigations

In an effort to implement this higher scrutiny on GMC evaluation, USCIS announced on August 22, 2025 that for the first time since 1991, it is resuming personal investigations (also known as “neighborhood investigations”) for naturalization applicants to apply “scrutiny over an alien’s residency, good moral character, attachment to the U.S. Constitution, and disposition to the good order and happiness of the United States” as set forth in the naturalization requirements in the Immigration & Nationality Act (INA).  

If a neighborhood investigation is required, USCIS may not only send officers (FN 1) or contactors to interview neighbors, employers, co-workers, business associates, etc., but it may also request N-400 applicants to submit testimonial letters from the same. The guidance states that proactively submitting such evidence with the N-400 application filing may help USCIS determine whether a personal investigation should be waived, thereby avoiding a Request for Evidence.   

Discretionary Decisions and “Anti-American” Activities

Potentially related to the increased scrutiny on “good moral character,” on August 19, 2025, USCIS announced that officers may consider applicants’ involvement in “anti-American activities” when adjudicating the following immigration benefit requests that involve discretionary decisions.  

Under existing law, “anti-American” activities related to support of the Communist party, advocating the overthrow of the U.S. government by violence or force, etc. (FN 2) The updated USCIS policy seems to expand the statutory guidance to direct adjudicators to review whether applicants have “endorsed, promoted, supported, or otherwise espoused the views of an anti-American or terrorist organization or group, including those who support or promote antisemitic terrorism, antisemitic terrorist organizations, and antisemitic ideologies.” In cases where applicants have engaged in such activities, USCIS adjudicators are directed that they may exercise their discretion to deny the benefit requested. 

Applications types that involve discretion and may be subject to this policy include::  

1. Naturalization; 

2. Adjustment of Status (I-485) applications; 

3. EB-2 I-140 National Interest Waiver petitions; 

4. EB-5 investor petitions and applications;  

5. Requests for extension of stay, change of status, reinstatement of F or M nonimmigrant status; and 

6. Certain employment authorization requests filed under 8 CFR 274a.12(C). 

Naturalization Civics Test

Lastly, on September 23, 2025, USCIS announced it was “reimplementing the 2020 Naturalization Civics Test, which was originally announced on November 13, 2020, with some modifications (henceforth ‘2025 Naturalization Civics Test’). This 2025 Naturalization Civics Test satisfies the statutory requirement for [applicants] to demonstrate a knowledge and understanding of the fundamentals of American history, and of the principles and form of government of the United States in pursuit of naturalization. This notice does not change the English language parts of the naturalization test (reading, writing, speaking, and understanding).”

The 2025 test is required for applicants who file their naturalization applications on or after October 20, 2025. USCIS will administer a 20-question test of which the applicant had to answer 12 test questions correctly (currently, USCIS administers a 10-question test of which the applicant had to answer six questions correctly). In implementing the 2025 Naturalization Civics Test, USCIS will resume administering 20-question tests using the same bank of 128 questions and answers that it used for the 2020 Naturalization Civics Test (previously, the question bank was 100 questions). Test information and study materials may be found at this link.

Footnote 1: In September 2025, USCIS expanded its law enforcement authorities by adding special agents authorized to make arrests and carry firearms. It is not yet known whether these special agents will conduct the neighborhood checks mentioned here.  See: https://www.uscis.gov/newsroom/news-releases/uscis-to-add-special-agents-with-new-law-enforcement-authorities

Footnote 2: See INA 313(a) for definitions of anti-American activities: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1424&num=0&edition=prelim 

Claire Pratt, Tiffany Martinez & Helen Park © Jewell Stewart Pratt Beckerson & Carr PC 2025

JSPBC lawyer Tiffany Martinez selected for inclusion in Best Lawyers® for 2026

Jewell Stewart Pratt Beckerson & Carr is pleased to announce that Senior Associate Tiffany Martinez has been for inclusion in The Best Lawyers in America® for Immigration in 2026. Selections are guided by peer nominations and reviews, and only about 5% of practicing U.S. attorneys earn a Best Lawyer® distinction, underscoring the award’s exclusivity. Kudos to Tiffany!

© Jewell Stewart Pratt Beckerson & Carr PC 2025