Answer Yes, we expect that this executive order will be challenged in federal court, and it seems more likely than not that a federal court will rule this order is not enforceable. (30.Sep.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...
Each year, thousands of F-1 students are granted a change of status to H1B, with an effective start date of October 1st. But plans sometimes change before the start date. The employer may withdraw the H1B petition before it ever takes effect, leaving the student...
Congress must pass a spending bill to extend government operations before October 1, 2025, or else a temporary shutdown of the federal government will go into effect. This would be the first shutdown since Trump was reelected. Security, CBP, and Vital Functions Continue The U.S. government never...
Answer It is no wonder you are confused. The guidance posted has been incredibly vague and confusing. There is reason to believe that current H1B workers are exempt from the fee. But, until the USCIS issues clear rules on when the fee applies, we cannot say...
On September 24, 2025, the U.S. Department of Homeland Security (DHS) will publish a proposed rule in the Federal Register titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions.” If finalized, the rule would change the H1B cap registration process...
Following our earlier NewsFlash, new statements from the White House and additional reporting provide some clarification on the new $100,000 fee affecting H1B workers abroad. However, key details remain uncertain, and we will continue to provide analysis as more information becomes available. Effective Date and Scope...
Last night, Trump issued a proclamation to restrict the entry of certain nonimmigrant workers, specifically targeting the H1B visa program. The proclamation, which goes into effect at 12:01 a.m. EDT on September 21, 2025, requires employers to pay a $100,000 fee to accompany a visa petition...
The Trump Administration is poised to sign a proclamation that would impose a $100,000 fee for H1B petitions. No additional details have been provided. But, if Trump proceeds with this action, it will inevitably result in a flurry of lawsuits filed to block the rule...
Answer There is no form or specific format required for requesting 212(d)(3) nonimmigrant visa waiver. The applicant may submit an application package – usually at a consular post, in connection to applying for a nonimmigrant visa – that includes things such as a letter providing details...
The U.S. Department of State (DOS) has issued new instructions, effective 06.Sep.2025, that may sharply curtail the practice of third-country national (TCN) visa processing. The new guidance signals that most nonimmigrant visa (NIV) applicants will be expected to apply from within their country of nationality...
