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• USCIS Clarifies $100,000 H-1B Fee
• U.S. Chamber of Commerce Challenges $100,000 H-1B Fee
• November Visa Bulletin Brings Little Movement but Confirms DV-2026 Selections
• USCIS Implements New $1,000 Immigration Parole Fee
• Federal Court Rules Against Policy Targeting Foreign Faculty and Students’ Speech

USCIS Clarifies $100,000 H-1B Fee

U.S. Citizenship and Immigration Services (USCIS) has issued guidance clarifying when the new $100,000 H-1B fee applies. The update, following the September 19 presidential proclamation, resolves major questions for employers managing upcoming FY2026 filings.

The fee applies only to new petitions filed for beneficiaries outside the U.S. without a valid H-1B visa. In-country cases, including F-1 to H-1B change-of-status, amendments, and extensions are exempt. Employers should continue to prioritize domestic filings and maintain valid status through adjudication to avoid triggering the fee.

Key Points:

• Effective Date: Applies to petitions filed on or after September 21, 2025.
• Who Pays: Employers filing for individuals outside the U.S. or requesting consular notification.
• Exemptions:
  • Change-of-status cases (e.g., F-1 → H-1B)Amendments or extensions for employees already in the U.S.Approved petitions or visas issued before September 21, 2025Payment: Must be made via Pay.gov (“H-1B VISA PAYMENT TO REMOVE RESTRICTION”).
  • Exceptions: Granted only in “extraordinarily rare” national-interest cases meeting a high evidentiary threshold (requests to H1BExceptions@hq.dhs.gov).

Impact: This clarification brings relief for in-country petitions but creates major cost and planning challenges for overseas hires. In-house teams should tighten coordination across recruiting, legal, and finance, prioritize in-country filings, and update policies to reflect new cost exposure and travel timing considerations.

U.S. Chamber of Commerce Challenges $100,000 H-1B Fee

On October 16, 2025, the U.S. Chamber of Commerce (USCC) filed a federal lawsuit challenging the new $100,000 H-1B fee, arguing that it exceeds presidential authority and violates the Immigration and Nationality Act (INA). The Chamber contends that the fee is unlawful, as H-1B costs must reflect actual government processing expenses, not serve as a barrier to employment-based immigration.

The USCC emphasized that the fee would have a “tremendous negative impact” across industries and company sizes, noting that typical H-1B filings previously cost under $3,600. The lawsuit argues that the fee undermines the H-1B program’s 70-year history of driving innovation, growth, and high-skilled job creation. The Chamber also released “H-1B Visas: What You Need to Know”, reinforcing that high-skill immigration raises productivity and wages without displacing U.S. workers. This lawsuit is now the second legal challenge to the proposed fee rule.

Impact: The Chamber’s lawsuit represents significant legal pushback from industry against the new H-1B fee and could reshape upcoming filing strategies. For in-house mobility and immigration leaders, this means analyzing scope of impact, preparing dual cost scenarios, aligning with finance and legal teams on budget exposure, and communicating clearly with stakeholders as litigation unfolds.

November Visa Bulletin Brings Little Movement but Confirms DV-2026 Selections

The U.S. Department of State has released the November 2025 Visa Bulletin, with limited movement across both family- and employment-based categories. For this month, USCIS confirmed that all family- and employment-based preference applicants should use the Dates for Filing chart, allowing some individuals to submit applications earlier even though final action dates remain unchanged.

Family-based movement was modest: F2A (spouses and children of permanent residents) retrogressed by one month, F2B advanced slightly from January 2017 to March 2017, and F3 Mexico moved ahead by about two weeks. Employment-based categories (EB-1 through EB-5) saw no advancement compared to October, maintaining long waits, particularly for applicants from India and China, where backlogs continue. The bulletin also confirmed DV-2026 Diversity Visa selectees, with over 129,000 individuals registered.

Impact: Ongoing stagnation in employment-based categories and limited family movement keep green card timelines largely unchanged. In-house teams should focus on filing readiness, clear employee communication, and aligning workforce plans and budgets with continued delays, particularly for high-demand countries.

USCIS Implements New $1,000 Immigration Parole Fee

On October 16, 2025, the Department of Homeland Security (DHS) published a Federal Register notice implementing a new $1,000 immigration parole fee, effective immediately. The fee—introduced under the reconciliation bill (H.R. 1)—applies for FY2025 and will be adjusted annually for inflation.

According to the notice, the fee applies each time an individual is granted parole under INA §212(d)(5)(A), including initial parole, parole in place, re-parole, and parole from DHS custody.  it does not include advance parole applied for as part of adjustment of status applications. The payment is due only after DHS determines that the individual merits a discretionary grant of parole, either upon arrival at a port of entry or while physically present in the United States. Exceptions may apply for specific humanitarian or national-interest cases.

Impact: The new parole fee adds another layer of cost and administrative complexity to humanitarian and discretionary immigration processes. In-house mobility and immigration teams should flag potential budget impacts, update cost projections for cases involving parole, and monitor for future DHS guidance on exceptions or inflation-based adjustments.

Federal Court Rules Against Policy Targeting Foreign Faculty and Students’ Speech

On September 30, 2025, a U.S. District Court ruled that the Trump administration’s policy targeting foreign faculty and students for visa revocation and deportation based on political speech violated the First Amendment. The case, American Association of University Professors v. Rubio, centered on whether noncitizens lawfully present in the United States have the same free speech protections as U.S. citizens. The court’s answer was unequivocal: yes, they do.

The judge found that Secretary of Homeland Security Kristi Noem and Secretary of State Marco Rubio, along with their subordinates, intentionally acted to chill the free speech rights of noncitizens, calling such conduct “unconstitutional” and “virtually unknown to our constitutional tradition.” The decision bars enforcement actions that penalize visa holders for lawful political expression or peaceful assembly.

Impact: This ruling reaffirms constitutional free speech protections for all noncitizens lawfully present in the U.S., including students, researchers, and faculty on temporary visas. In-house mobility and immigration teams supporting academic or research populations should note that immigration status alone cannot be used to restrict lawful speech or activism, and any government enforcement based on political expression is now clearly established as unconstitutional.