Compliance Reminder: US Department of Labor Announces Project Firewall
On September 19, 2025, the Department of Labor (DOL) launched Project Firewall, an H-1B enforcement initiative in which the DOL will be more proactive in investigating employers for potential H-1B non-compliance, including when no outside complaint has been made but “reasonable cause exists that an H-1B employer [is] [sic] not in compliance.” The Project will also broaden inter-agency partnerships during these investigations.
The Project does not change any employer obligations under the H-1B program, but employers should still expect the DOL and other agencies to be taking much closer looks during investigations.
Read the DOL announcement here.
Trump’s Presidential Proclamation Imposes $100,000 “payment” for New H-1B Entries and Petitions
On September 19, 2025, President Trump signed Presidential Proclamation 10973 “Restriction on Entry of Certain Nonimmigrant Workers,” which became effective on September 21, 2025 at 12:01am EDT. The Proclamation restricts the entry of H-1B nonimmigrants into the United States and restricts decisions on H-1B petitions filed with U.S. Citizenship and Immigration Services (USCIS) unless “accompanied or supplemented” with a $100,000 payment.
After substantial confusion regarding the Proclamation’s language and scope, the Department of Homeland Security (DHS) through USCIS and U.S. Customs and Border Protection (CBP) clarified through two memoranda on September 20, 2025 that the Proclamation applies prospectively to new H-1B petitions filed after the Proclamation’s effective date. The USCIS and CBP memoranda provide that the Proclamation does not apply to:
Beneficiaries of approved H-1B petitions filed before 09/21/25; and
Beneficiaries of H-1B petitions under review with USCIS as of 09/21/25.
In addition, USCIS and CBP stated that individuals with validly issued H-1B visas are able to travel and are not subject to the $100,000 payment requirement for entry.
A September 21, 2025 update to the USCIS website states that the Proclamation “does not change any payments or fees required to be submitted in connection with any H-1B renewals.”
The Department of State states similarly that “The Proclamation’s restrictions on visa issuance and entry apply only to [noncitizens] 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 12:01am [EDT].” (Department of State, “Restriction on Entry of Certain Nonimmigrant Workers” (Sept. 21, 2025), https://travel.state.gov/content/ travel/en/News/visas-news/restriction-on-entry-of-certain-nonimmigrant-workers.html).
There is still substantial confusion surrounding many aspects of this Proclamation, including how the government will receive payments, whether the payment requirement applies to future H-1B petitions which request a change of status, an amendment, or change of employer, whether cap-exempt organizations are also subject, and what criteria DHS will use to exempt individuals, companies, or industries from the payment.
Since the Proclamation took effect, IDC has received reports of H-1B nonimmigrants receiving new H-1B visas from consulates based on previously approved H-1B petitions and entering the U.S. without issue. However, we advise H-1B nonimmigrants to remain cautious of this Proclamation.
To summarize, the current state of the Proclamation is as follows:
USCIS, CBP and DOS have all confirmed that that proclamation does not apply to H-1B petitions filed before 9/21/2025.
USCIS has confirmed that the proclamation imposes no additional fees for H-1B renewals.
DOS has confirmed that the proclamation imposes no additional visa application fee for an H-1B visa which is based on petition filed before September 21, 2025.
CBP has confirmed that the proclamation imposes no entry fee on beneficiaries of H-1B petitions filed before September 21, 2025.
We expect that this Proclamation will almost certainly be challenged in court. We will provide updates as we receive them.
Check and save your I-94 every time you travel internationally.
Your I-94 should be updated by CBP every time you re-enter the United States. Make sure that the details on your I-94 are accurate every time by checking your I-94 on the CBP website the day after your last entry. Save your I-94 for your records and send a copy to your immigration attorney, if applicable. Contact CBP (or your attorney) if you notice an error or CBP fails to update your I-94.
You may access your I-94 on the CBP website here.
Update your address with USCIS every time you move.
All foreign nationals (including Permanent Residents) must update their address with USCIS within ten days of moving by completing Form AR-11. You may either complete the AR-11 electronically through your USCIS online account (USCIS’s preferred method) or by mailing the AR-11 to the address indicated on page two of the form.
For more information on the AR-11, please visit the USCIS website here.
Iandoli Desai & Cronin hires Immigration Attorney Ghenwa Hakim
We are pleased to announce that we have added a 9th immigration attorney to our firm. Attorney Ghenwa Hakim joins IDC with 15 years of immigration experience both at Tufts University and in private practice. At Tufts, she was Director of International Affairs at the School of Medicine for over 9 years. She directed and developed an international business portfolio and was immigration legal casework director for the Medical School. Later, she became Associate Director for the wider Tufts University International Center, counsel to international students, faculty and staff and developed immigration policy and protocols for the University. While at Tufts, Ghenwa completed her Master of Public Health and taught courses as adjunct faculty on law and migration. In 2021, Ghenwa began work as an immigration attorney in private practice. She has extensive experience working with both individuals, institutions and private companies securing both immigrant and nonimmigrant visas for scholars, scientists, medical doctors, and other professionals. Ghenwa is admitted to the Massachusetts and the New York State Bars. She is a member of the American Immigration Lawyers Association. Ghenwa was born in Lebanon and is a native Arabic speaker.
UPDATE to: Sept. 19, 2025-- Presidential Proclamation Restricting Entry of H-1B Nonimmigrants From Abroad
On September 19, 2025, the President of the United States issued a Proclamation restricting the entry of H-B nonimmigrants currently outside the U.S. The order became effective 12:01 a.m. eastern daylight time on Sunday, September 21, 2025.
On September 20, 2025, U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Boarder Protection (CBP), both agencies within the Department of Homeland Security (DHS), issued memoranda stating the Proclamation “only applies prospectively”.
The USCIS memorandum provides that the “proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to [September 21, 2025], are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas.” To read the USCIS memorandum, see: https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf>>.
The CBP memorandum states that the entry restriction does not apply to persons who are the beneficiaries of H-1B petitions filed prior to September 21, 2025, or to persons in possession of a valid H-1B visa. CBP also states that the "Proclamation does not impact the ability of any current visa holder to travel to and from the United States."
Based on USCIS and CBP memoranda, current H-1B status holders, persons in possession of a valid H-1B visa, and beneficiaries of petitions filed before September 21, 2025 are not affected by the Proclamation.
Although there are other potential exceptions to the entry ban and to the new $100,000 fee for H-1B petitions filed on and after September 21, 2025, no details have been offered by DHS or the White House on how or when these exceptions might be implemented.
To read the Presidential Proclamation, see: https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/
The enforceability of this Proclamation will be tested in Court.
We will follow up with updates as we receive them.
New report on the conditions of LGBTQ life in Mexico, Guatemala, Honduras, El Salvador, and Cuba
The Lewis & Clark Migration and Asylum Lab, an organization dedicated to informing immigration courts of the country conditions in Latin America, has just released the thematic bulletin, "Beyond Reform: Conditions of LGBTQ Life in Mexico, Guatemala, Honduras, El Salvador and Cuba." The 107-page report highlights country conditions for LGBTQ+ individuals living in Mexico, Guatemala, Honduras, El Salvador, and Cuba.
Read the report here.
CBP requires airlines to list either “M” or “F” sex markers in information transmitted to CBP
In a July 8, 2025 Carrier Liaison Program Bulletin, CBP informed airlines that they must submit either “M” or “F” for sex markers on the pre-departure information they send to CBP, even if the traveler’s documentation has a third sex marker or no sex marker at all.
See the announcement here.
DHS memo delegates expedited removal authority to USCIS
In a memorandum dated May 2, 2025, Secretary of Homeland Security Kristi Noem delegated to the Director of U.S. Citizenship and Immigration Services (“USCIS”) the authority to order the expedited removal of foreign nationals. This authority allows USCIS’s Director and their staff to deport foreign nationals without processing through an immigration court. Customs and Border Protection (“CBP”) was previously the only agency permitted to utilize expedited removal to quickly deport noncitizens.
Read the memorandum here.
USCIS announces new “good moral character evaluation standard” for Naturalization applicants
On August 15, 2025, released a policy memorandum, “Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard for [Noncitizens] Applying for Naturalization.” This guidance directs USCIS adjudicators to focus more explicitly on positive evidence of good moral character in addition to the consideration of any negative evidence, such as a criminal history. USCIS states that its new approach to determining good moral character (a requirement for becoming a U.S. Citizen) “will empower USCIS officers to review the complete history of aliens seeking naturalization, where no regulatory or statutory bars exist, and require such aliens to present their full story, demonstrating how their life aligns with a pattern of behavior that is consistent with the current ethical standards and expectations of the community in which they reside.”
We expect that immigration advocates will challenge this new evaluation standard as being beyond USCIS’s authority to enforce and for being a violation of noncitizens’ due process rights.
Read the policy memorandum here.