- A federal district court has struck down the $100,000 fee the Trump Administration imposed on certain H-1B petitions.
- The court ruling could allow affected beneficiaries of approved H-1B petitions obtain visas and travel to the U.S. without having to pay the exorbitant fee.
- The government is expected to consider appellate options, and employers should
Federal Court Vacates USCIS Adjudication Pause Affecting Nationals of 39 Countries
By John E. Exner, IV, Amy L. Peck & Otieno B. Ombok on
Posted in Asylum / Refugee, Compliance and Enforcement, E-1 / E-2, EADs, EB-1, EB-2, EB-3, H-1B, H-2A, H-2B, H-4, I-9 and E-Verify, Immigration Litigation, L-1A / L-1B, L-2, Other Non-immigrant Visas, Permanent Residence, Temporary (Non-immigrant) Work Visas, Travel Ban, Trump Administration, US Immigration, USCIS
- A federal district court has vacated USCIS policies that paused adjudication of immigration benefit requests filed by nationals of 39 countries.
- The court ruling could allow affected adjustment of status, employment authorization, naturalization, and certain asylum-related applications to proceed.
- The government is expected to consider appellate options, and employers should continue to monitor developments.
Adjustment of Status Under Scrutiny: USCIS Moves Toward Stricter Discretionary Review
- A new USCIS policy memorandum emphasizes that adjustment of status is a discretionary benefit and that consular processing abroad is the “ordinary” pathway to permanent residence.
- The memo does not eliminate employment-based adjustment of status or create a formal new rule requiring all applicants to consular process.
- Significant questions remain, including how USCIS will
Hikes in Prevailing Wage Levels for H-1B and PERM Cases? DOL Proposal Explained
The Department of Labor (DOL) has published a notice of proposed rulemaking (NPRM) to revise how prevailing wage levels are calculated for the H-1B, H-1B1, E-3, and PERM employment based non-immigrant and immigrant visa programs.
The March 27, 2026, proposal seeks to increase the four-tiered prevailing wage structure for these visa programs by aligning them…
$100K H-1B Fee Case Fast-Tracked in Federal Appeals Court
The U.S Court of Appeals for the District of Columbia Circuit agreed on Jan. 5, 2025, to fast-track the appeal of the recent federal court ruling upholding the Trump Administration’s imposition of a $100,000 fee on certain H-1B visa petitions.
On Dec. 24, 2025, the U.S. District Court for the District of Columbia upheld the…
H‑1B, H‑4 Visa Appointments Rescheduling Begins Amid Expanded Social Media Vetting Policies
By Amy L. Peck & Giuseppina Mammoliti on
U.S. consulates abroad have recently begun postponing a wide range of H‑1B and H‑4 visa interviews, resulting in significant delays in visa processing. Consulates in India have been among the most affected, as India remains the largest source of H‑1B visa holders worldwide.
Beginning in the second week of December, applicants with interviews scheduled between…
Federal Court Upholds Trump Administration $100,000 Fee for Certain H-1B Petitions
A federal judge has granted the Trump Administration’s motion for summary judgment and upheld the legality of the $100,000 fee requirement for certain H-1B visa petitions. Chamber of Commerce of the USA v. U.S. Department of Homeland Security, No. 1:25-cv-03675 (D.D.C. Dec. 23, 2025).
President Donald Trump’s Sept. 19, 2025, Presidential Proclamation, “Restriction on Entry…
DHS Announces ‘Weighted Selection Process’ to Allocate H-1B Visas Effective Feb. 2026
- Registrants submitted under higher wage levels will have a better chance of being selected, with positions under the highest wage level having a four times higher
USCIS Widens Freeze on Immigration Benefits for Nationals of 19 Countries: Employers Should Expect Delays Across Multiple Categories
By Amy L. Peck & Otieno B. Ombok on
- USCIS has confirmed its Dec. 2 policy memo, which listed only a narrow set of applications, was not exhaustive and that it has
New EEOC Guidance Aligns with DOL’s H-1B ‘Project Firewall,’ Stresses Foreign Worker Preferences Can Be a Form of ‘National Origin’ Discrimination
Related links
- EEOC Press Release: New and Updated Educational Materials on National Origin Discrimination (11.19.25)
- EEOC National Origin Discrimination Landing Page
- EEOC Technical Assistance Document: “Discrimination Against American Workers Is Against the Law”
The Equal Employment Opportunity Commission (EEOC) released updated educational materials on national origin discrimination on Nov. 19, 2025, in response to the…