Employers and Advocacy Groups Sue Trump Administration over $100,000 H-1B Payment
On October 3, 2025, several employers and advocacy groups jointly filed a lawsuit against the Trump Administration for the September 19, 2025 Presidential Proclamation imposing a $100,000 payment for new H-1B petitions. Please see our client advisory here for more information on the Proclamation.
The lawsuit asserts a constitutional claim that the Trump Administration acted beyond the scope of his presidential powers and the powers Congress delegated to the Executive Branch through the Immigration and Nationality Act. Plaintiffs also asserted three statutory claims for violations under the Administrative Procedure Act (“APA”), which is the body of law that governs agency action. These APA claims are: (1) exceeding statutory authority (similar to the constitutional claim, but still distinct); (2) making an arbitrary and capricious decision by failing to consider the many ways that the Proclamation would impact the H-1B program and failing to properly explain how the $100,000 payment would work; and (3) failing to follow the required Notice and Comment procedure for making new rules under the APA.
Plaintiffs requested a injunction to prohibit the Trump Administration from requiring the $100,000 payment and to order the Trump Administration to process H-1B petitions and visas under previously existing laws. No injunction has been ordered yet, so employers and H-1B workers should still follow existing guidance from the Departments of State and Homeland Security until further notice.
Read the lawsuit’s complaint here.
Higher Ed Immigration Portal Releases Guide, “Beyond Approval: What to Know After Receiving Your H-1B or O-1A Visa
Higher Ed Immigration Portal has released a new guide on H-1B and O-1A status for nonimmigrants who recently obtained one of these statuses through consular processing and who may not have access to immigration counsel. The guide, “Beyond Approval: What to Know After Receiving Your H-1B or O-1A Visa,” offers general information on employment restrictions, re-entry procedures, international travel, taxes, health insurance, and other topics.
Access the guide here.
USCIS publishes updated guidance on Military Naturalization
On September 26, 2025, USCIS published guidance explaining that “uncharacterized discharges” occurring on or after August 1, 2024 “do not meet the requirement of a separation ‘under honorable conditions’ for former [noncitizen] service members to naturalize.” This change is based on updates the Department of Defense (DOD) made to its discharge instructions on August 1, 2024. Prior to this date, the DOD always used uncharacterized military discharges for “administrative matters,” but the August 1, 2024 update removed this requirement. The DOD update “also addressed entry-level separations as a distinct and separate category of discharges apart from honorable and general (under honorable conditions discharges.”
Under the same announcement, USCIS also stated that they will no longer coordinate with CBP to perform naturalization interviews and oath ceremonies at ports of entry. Naturalization applicants living outside the U.S. must instead obtain a visa or be paroled into the U.S. for a naturalization interview.
Read the USCIS announcement here.
USCIS to add Special Agents with new law enforcement authorization
Last month, USCIS announced that it would be expanding its law enforcement authorities under a new power delegation from the Department of Homeland Security. This creates newly-minted USCIS 1811 classified officers (or “special agents”) who are “empowered to investigate, arrest, and present for prosecution those who violate America’s immigration laws.” The special agents are authorized to carry firearms and execute search and arrest warrants. The USCIS Director is also now authorized to order expedited removal, a deportation process with fewer legal protections for immigrants who have recently entered the US. Lastly, USCIS can also now oversee the entirety of an investigation for potential civil and criminal immigration law violations (USCIS previously referred investigations to ICE).
Read the full USCIS announcement here.
DHS Terminates TPS for Syria and 2021 Designation for Venezuela
On September 8, 2025, the Secretary of Homeland Security Kristi Noem terminated the 2021 designation of Temporary Protected Status (“TPS”) for Venezuela. Secretary Noem’s termination is based on her determination that “Venezuela no longer continues to meet the conditions for the 2021 designation.” This designation was set to expire on September 10, 2025, but Secretary Noem’s termination will not become effective until November 7, 2025. The 2021 designation is one of two TPS designations for Venezuela. Secretary Noem previously attempted to terminate the 2023 designation of TPS for Venezuela, an action that has been ensnared in litigation throughout most of this year.
Secretary Noem also terminated TPS for Syria on September 19, 2025. TPS for Syrians has been active since the Syrian civil war started in 2012. TPS benefits for Syrians will end upon the termination’s effective date of November 21, 2025.
See the USCIS announcement regarding the 2021Venezuelan termination here and the Syrian termination here.
USCIS Announces New Naturalization Civics Test
On September 17, 2025, USCIS announced that it will be implementing a new civics test for naturalization applicants. The new test will consist of 20 questions from a list of 128 potential questions, and applicants must answer at least 12 questions correctly to pass.
The new test requires applicants to remember substantially more information and answer more questions correctly. Under the current test that was implemented in 2008, applicants are asked 20 questions from a list of 100 potential questions and must answer 10 questions correctly to pass.
The new civics test will apply to applicants who file their naturalization applications on or after October 20, 2025. Applicants with currently pending naturalization application or who file their application before October 20, 2025 will be subjected to the 2008 test.
See the USCIS announcement here.
DHS Publishes Proposed Rule Introducing Weighted Selection Process for Cap-Subject H-1B Lottery
On September 24, 2025, DHS published a Proposed Rule to implement a weighted selection process for the H-1B lottery. The proposed regulations seek to favor registrations for “higher skilled and higher paid” nonimmigrants by allocating more registrations to higher-paid workers. DHS would use the four wage levels from the Department of Labor Occupational Employment and Wage Statistics (OEWS) survey to allocate more lottery entries to registrants with higher wages. Registrants with Level I wages would receive one entry, Level II wages would receive two entries, Level III wages would receive three entries, and Level IV wages would receive four entries.
The proposed changes will increase the amount of time needed to prepare and submit each lottery entry, as employers or their immigration attorneys will need to analyze each registrant’s job description and resume in order to match them to an OEWS occupation and therefore determine their wage level. This analysis is usually not completed until after a registrant is selected in the lottery and the employer/attorney submits a Labor Condition Application for the H-1B petition.
The comment period on the Proposed Rule will remain open until November 24, 2025. View the Proposed Rule or submit a comment here.
State Department Eliminates Third Country Nonimmigrant Visa Appointments
On September 6, 2025, the State Department announced that, effective immediately, foreign nationals should only schedule and attend nonimmigrant visa appointments in their country of nationality or residence. Foreign nationals from countries without routine US visa operations are instructed to apply at the embassy or consulate designated for their country on the State Department website. The announcement states that "applicants applying outside their country of nationality or residence should expect to wait significantly longer for an appointment.” Existing appointments will remain valid.
This policy update essentially eliminates third country visa appointments, where foreign nationals were able to schedule interviews in another country they are visiting for work, vacation, or another purpose.
Read the State Department announcement here.
IDC’s Public Comment Opposing Proposed Rule to Eliminate D/S
As shared in our special Immigration News Alert last month, the Trump Administration published a Proposed Rule seeking to eliminate Duration of Status (“D/S”) as an authorized period of stay for F, J, and I nonimmigrants and replacing it with a predetermined maximum period of stay, not to exceed four years. If implemented, international students, researchers, physicians, and others would be required to regularly apply for extensions of status through a USCIS service center. The Proposed Rule would also severely restrict program changes and would prohibit students from continuing their education in the US if their desired program happens to not align with DHS’s idea of typical academic progression.
Iandoli Desai & Cronin joined over 19,000 others in commenting on the Proposed Rule and voiced our strong opposition to the change. Our comment highlighted the numerous issues and challenges with the Rule, including:
Lack of rational justification
Confusion regarding how international travel impacts the authorized period of stay
Administrative duplication and cost burden
Misalignment with educational and medical training cycles
Intrusion into academic decision-making
Likely USCIS service center processing delays
Unreasonable restriction on interdisciplinary studies
Vague extension process and unclear timelines
The Trump Administration must now read, consider, and respond to each substantive comment it received before it can publish a Final Rule on the matter. The Administration’s failure to adequately address each concern could be used later on as grounds for a lawsuit to block the change.
Visa Bulletin Update: October 2025
The Department of State publishes a monthly Visa Bulletin which operates as the “waiting list” for green cards (immigrant visas), with an individual’s Priority Date serving as their place in line. The Bulletin identifies all immigrant visa “preference” categories and indicates whether a backlog exists for that category. When a backlog exists, an individual in that category may not apply for a green card (or “adjust status”) until their Priority Date becomes “current.” A priority date is current when it is earlier than the date listed in the Visa Bulletin. The Bulletin is further separated into two charts. The Final Action Dates chart indicates whether an individual can expect USCIS to make a decision on their application soon, whereas the Dates for Filing chart, if USCIS chooses to use it that month, indicates whether an individual may file their adjustment application and receive the benefits associated with having a green card application pending with USCIS.
In October 2025, USCIS will be using the Dates for Filing chart for both employment- and family-based preference categories. This is a change from last month, during which USCIS used the Final Action Dates chart for employment-based categories and the Dates for Filing chart for family-based categories.
The EB-2 and EB-3 preference categories remain backlogged for all countries. The State Department advanced Priority Dates as follows:
EB-1:
China: 4 months
India: 1 year
EB-2:
Mexico, Philippines, and All Other: 8 months
China: 11 months
India: 10 months
EB-3:
Mexico, Philippines, and All Other: 2 months
China: 13 months
India: 14 months
Other Workers:
Mexico, Philippines, and All Other: 4.5 months
China: 9 months
India: 14 months
See the October Visa Bulletin here.
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).