For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here.

• New $100,000 Fee on H-1B Entries
• DHS Proposes Wage-Weighted H-1B Lottery
• DOL Launches Project Firewall
• Trump Administration Announces Gold & Platinum Immigration Plans
• FY 2026 Kicks Off with Green Card Progress
• Venezuela’s TPS Reinstated by Federal Court
• DHS Terminates Syria TPS
• State Department Introduces $1 Fee for Diversity Visa Lottery
• USCIS Reaches H-2B Visa Cap for First-Half FY 2026
• Expanded Visa Interview Waivers & Hungary’s ESTA Eligibility Restored
• New DS-160 Validation Feature in AVITS
• USCIS Issuing NTAs During H-1B 60-Day Grace Period

New $100,000 Fee on H-1B Entries

On September 19, 2025, President Trump issued a Proclamation imposing a $100,000 fee on H-1B petitions filed for workers outside the U.S., effective September 21 and lasting at least 12 months. While the H-1B program continues, this policy effectively blocks many overseas hires and reentries unless employers are willing to shoulder an extraordinary cost. Extensions, amendments, and transfers for employees already in the U.S. remain unaffected.

USCIS clarified the fee applies only to new petitions filed after September 21, excluding previously filed cases and individuals with valid H-1B visas. However, international travel is now a high-risk area, employees departing the U.S. could be subject to the new fee upon return.

Questions also remain on whether this policy will extend to changes of employer, extensions, or the FY27 H-1B lottery. The disconnect between the Proclamation’s broad language and USCIS’s narrower memo adds uncertainty.

Impact: Employers should anticipate serious disruptions to hiring and mobility strategies. Costs could rise sharply, international transfers may stall, and workforce planning for 2026 could be significantly affected. In-house teams should immediately review travel plans, flag vulnerable employees, and prepare leadership for both operational challenges and potential multimillion-dollar cost implications.

DHS Proposes Wage-Weighted H-1B Lottery

On September 23, 2025, DHS issued a proposed rule that would replace today’s random H-1B lottery with a wage-weighted system. Under the plan, USCIS would assign entries based on wage level: Level IV (4 entries), Level III (3), Level II (2), and Level I (1). Each foreign national would remain limited to one selection regardless of multiple registrations, and the system would apply to both the 65,000 Regular Cap and the 20,000 Master’s Cap.

For employers, the proposal would create clear advantages for higher-paid roles, while entry-level and early-career hires would face sharply reduced odds. Industries and recruiting programs that rely heavily on Level I and II wages, particularly campus recruiting and F-1 OPT pipelines, would be most affected. The rule also raises compliance pressures, as job classification, LCA alignment, and wage strategy will come under heightened scrutiny. Legal risks remain: a similar Trump-era rule was struck down in 2021, and new challenges are expected, especially over whether wage can serve as a lawful proxy for skill. Regional pay differences could also create inequities. DHS has opened a 30-day comment window before finalizing the rule.

Impact: If implemented, this reform would tilt the H-1B program toward higher-wage, more experienced talent, forcing employers to rethink recruiting strategies, compensation planning, and long-term workforce models. In-house teams should begin reviewing wage levels, entry-level hiring pipelines, and cross-functional alignment with talent acquisition and finance and consider submitting comments to DHS to influence the outcome.

DOL Launches Project Firewall

On September 19, 2025, the Department of Labor (DOL) launched Project Firewall, its most aggressive H-1B enforcement initiative to date. The Secretary of Labor will now personally certify investigations, working with DOJ, EEOC, and USCIS to target misuse of the program. Focus areas include U.S. worker displacement, wage violations (including benching), misrepresentations on LCAs, improper posting, third-party placement issues, and discriminatory hiring practices. Employers found in violation may face back wage orders, fines of up to $35,000 per violation, and 1–3 year debarment from the H-1B program.

For in-house teams, this means heightened scrutiny and greater risk exposure. Dependent employers, those with higher percentages of H-1B workers, must be especially cautious, unless they can demonstrate exemptions (e.g., salaries above $60,000 or relevant advanced degrees). Maintaining accurate Public Access Files (PAFs) with clear proof of wages and qualifications is critical.

Action Steps for Employers:

• Audit Public Access Files immediately to ensure accuracy and compliance.
• Review recruitment practices to confirm U.S. workers are fairly considered and selection criteria are transparent.
• Train HR and managers on lawful H-1B hiring and anti-discrimination rules.
• Set investigation protocols, designating a single point of contact and preparing response strategies.
• Check vendor compliance if using staffing firms or subcontractors.

Impact: Project Firewall raises the stakes for H-1B employers by combining interagency enforcement with personal oversight from the Secretary of Labor. In-house teams should move quickly to tighten compliance programs, reinforce documentation practices, and prepare leadership for the possibility of more audits and investigations.

Trump Administration Announces Gold & Platinum Immigration Plans

On September 19, 2025, the Trump Administration introduced three new donation-based immigration pathways: the Trump Gold Card, Trump Corporate Gold Card, and the forthcoming Trump Platinum Card. These proposals mark a sharp departure from the traditional EB-5 investment model, linking green card eligibility to large donations to the U.S. government.

The Trump Gold Card would allow individuals to pursue EB-1A “extraordinary ability” or EB-2 “national interest waiver” status through a $1 million nonrefundable donation. The Corporate Gold Card would allow employers to sponsor an employee with a $2 million donation, with the possibility of transferring sponsorship between employees, though rules remain unclear. The Platinum Card, previewed but not yet launched, would involve a $5 million donation and permit up to 270 days in the U.S. annually without U.S. taxation on foreign income.

Implementation is expected within 90 days, but applications cannot yet be filed until DHS and the Department of Commerce issue detailed procedures. Critical questions remain around how these pathways will interact with existing immigrant visa quotas, country caps, and USCIS adjudication standards.

Impact: For in-house teams, these programs could create new parallel pathways to permanent residence for executives, investors, or critical talent, but at unprecedented cost levels and with uncertain mechanics. Companies should monitor upcoming regulations closely, assess whether the Corporate Gold Card might be a viable retention or mobility tool for high-value employees, and prepare leadership for potential inquiries from executives or investors who may see these programs as an alternative to traditional immigration options.

FY 2026 Kicks Off with Green Card Progress

The October 2025 Visa Bulletin opens the new fiscal year with fresh visa allocations and forward movement across most employment-based categories. USCIS has directed applicants to use Chart B (Dates for Filing) this month, meaning many individuals can file adjustment of status applications earlier than expected, unlocking work and travel authorization while green card cases remain pending.

Highlights include significant advancement for Indian nationals in EB-2, EB-3, and EB-5, with EB-1 current for most countries and EB-5 set-aside categories fully current worldwide. The only setback is a three-month retrogression for EB-5 Unreserved (China). Family-sponsored categories also see modest forward progress.

Impact: For employers, October represents a critical window to act quickly. Filing eligible adjustment applications now can stabilize the workforce, secure interim benefits for employees, and reduce long-term uncertainty. In-house teams should partner with counsel to identify candidates newly eligible under Chart B and move rapidly to prepare filings while visa numbers are fresh.

Venezuela’s TPS Reinstated by Federal Court

In a major ruling, the Ninth Circuit has reinstated Venezuela’s 2023 Temporary Protected Status (TPS) designation, overturning DHS Secretary Kristi Noem’s February 2025 termination attempt. The court found the termination “arbitrary and capricious,” emphasizing DHS failed to follow procedures or justify its decision with genuine country condition evidence.

As a result, more than 300,000 Venezuelan nationals can remain protected from deportation and maintain work authorization through October 2, 2026. USCIS has confirmed that the 2023 designation is fully restored, allowing eligible individuals to continue applying for or renewing TPS. At the same time, the earlier 2021 TPS designation will still expire on November 7, 2025, creating some administrative complexity. The Biden administration has already filed an emergency appeal with the U.S. Supreme Court.

Impact: For employers, this ruling provides stability for a large TPS population in the U.S. workforce, particularly in industries with significant Venezuelan talent. In-house teams should track employee documentation to ensure work authorization extensions are captured, prepare for possible Supreme Court action that could shift timelines, and communicate updates proactively to HR and managers.

DHS Terminates Syria TPS

DHS has announced that Syria’s Temporary Protected Status (TPS) designation will end on November 21, 2025, following its scheduled expiration on September 30. After that date, Syrian TPS beneficiaries will no longer have protection from removal or employment authorization tied to TPS. An estimated 6,100 individuals are currently covered, and DHS has allowed only a 60-day transition period before termination takes full effect.

Impact: Employers should move quickly to ensure compliance and support workforce planning, as Syrian TPS holders will need other immigration pathways to continue employment beyond November 21.

State Department Introduces $1 Fee for Diversity Visa Lottery

Effective September 16, 2025, the State Department now requires a $1 registration fee for all Diversity Visa (DV) lottery entrants. Previously, only lottery winners advancing in the process paid fees, but officials say this change spreads costs more equitably across all applicants. Winners will still face the standard $330 visa application fee later in the process.

The new token fee must be paid at the time of registration through a secure government portal. Applicants are being cautioned to avoid scams, as the official State Department website is the only legitimate payment channel.

Impact: While the fee itself is symbolic, it underscores the administration’s push to reframe the DV lottery and deter frivolous applications. For employers, the direct effect is minimal, but in-house teams may see heightened employee questions around eligibility, process changes, and scam risks, making clear internal communication and employee education important.

USCIS Reaches H-2B Visa Cap for First-Half FY 2026

On September 12, 2025, USCIS announced that the H-2B visa cap for the first half of FY 2026 (employment start dates from October 1, 2025–March 31, 2026) has been reached. Employers subject to the cap can no longer file new petitions for this period.

Petitions may still be filed for certain cap-exempt cases, including H-2B workers extending status, changing employers, or otherwise exempt from the quota. The second-half cap will reopen for positions starting on or after April 1, 2026, and employers should plan accordingly.

Impact: For industries dependent on seasonal or temporary non-agricultural labor, this cap closure limits near-term hiring flexibility. In-house teams should evaluate workforce needs, determine whether roles qualify for exemptions, and prepare early for the April 2026 filing window to secure visas for the second half of the fiscal year.

Expanded Visa Interview Waivers & Hungary’s ESTA Eligibility Restored

On September 18, 2025, the State Department announced that starting October 1, 2025, consular officers will have expanded authority to waive in-person interviews for certain low-risk nonimmigrant visa applicants, such as renewals and select visa categories. Decisions will remain case-by-case, with national security and program integrity as top priorities.

Separately, DHS confirmed that Hungary’s eligibility for ESTA has been restored, allowing Hungarian nationals once again to travel to the U.S. under the Visa Waiver Program for short-term visits without first obtaining a visa. The reinstatement follows diplomatic discussions and Hungary’s compliance with U.S. security standards.

Impact: For employers, these developments may ease travel logistics and reduce delays for visa renewals and Hungarian business travelers. In-house teams should update mobility policies, ensure employees are aware of new waiver options, and advise staff to confirm eligibility through official government channels before making travel plans.

New DS-160 Validation Feature in AVITS

The Department of State has added a new feature to its AVITS visa scheduling system: real-time validation of DS-160 applications. The tool cross-checks the applicant’s DS-160 number, passport, and date of birth against the Consular Electronic Application Center (CEAC). If the details match and the DS-160 is unused, applicants can proceed directly to fee payment and scheduling. Errors trigger a prompt to verify information in CEAC before continuing.

This enhancement builds on DOS’s requirement that DS-160s be submitted at least two business days before an interview and aligns AVITS with other systems like Yatri and Traveldocs. While it is expected to streamline processing and reduce downstream errors, some applicants may face short-term interruptions if validation fails.

Impact: For employers, this update should lead to fewer delays and rescheduling issues for employees pursuing U.S. visas. In-house teams should remind employees and relocation partners to carefully double-check DS-160 data before submission to avoid processing hiccups during the transition period.

USCIS Issuing NTAs During H-1B 60-Day Grace Period

Recent reports show that USCIS has begun issuing Notices to Appear (NTAs) to H-1B workers during the 60-day grace period, even when a timely change-of-employer (COE) or change-of-status (COS) petition has been filed. The grace period was designed to allow workers up to 60 days to secure new employment or change status without falling out of status, but employer petition withdrawals, required to end wage obligations are increasingly triggering removal notices.

USCIS cites a February 2025 memo expanding its authority to issue NTAs when petitions are denied or revoked, though the memo also called for discretion. Immigration judges often dismiss these NTAs since workers with non-frivolous pending petitions remain legally present and employment-authorized under H-1B portability rules. Still, the notices cause disruption, halting travel, creating uncertainty for families, and chilling hiring confidence.

Impact: For employers, this development undermines a key safeguard for high-skilled talent. In-house teams should closely track H-1B terminations, time filings strategically to minimize risk, and work with counsel to prepare affected employees for possible NTAs. Beyond individual cases, the trend sends a discouraging signal to global talent about U.S. reliability, raising long-term concerns for recruitment and retention.