Legal Updates

USCIS Announces the End of the 540-day Automatic Extension for Work Permit Renewals Filed Beginning October 30

On October 30, 2025, the administration published an interim final rule (IFR) that eliminated the automatic extension of timely-filed work authorization applications (EADs) in eligible categories; the automatic 540-day extension period no longer exists. This is effective for all EAD Petitions filed on or after October 30, 2025.

The rule will NOT affect automatic extensions for EAD extensions filed before October 30, 2025, for categories that are eligible for an extension.

Impacted categories include:

• H-4 nonimmigrants (C26)
• Spouse of principal E and L-1 (A17 & A18)
• Pending Adjustment of Status (C9)
• Asylum application pending (C8)
• Withholding of Deportation or Removal Granted (A10)
• Cancellation of removal applicants (C10)
• VAWA Self-Petitioners (C31), among others

NOTE: The rule should not impact the 180-day automatic extension for individuals applying for STEM OPT, as this automatic extension is authorized under the separate regulation of 8 CFR 274a.12(b)(6)(iv). We will continue to monitor this and send an update as soon as we have confirmation as to whether STEM extensions are included.

Regarding Temporary Protected Status, the Department of Homeland Security (DHS) is adding a new 8 CFR 274a.13(e). The new provision explains that, unless otherwise provided in 8 CFR 274a.13(d), by law, or through a Federal Register notice for Temporary Protected Status (TPS)-related employment documentation, the validity period of an expired or expiring EAD and/or employment authorization will not be automatically extended by a renewal EAD application filed on or after October 30, 2025. This IFR does not impact automatic extensions of EADs and/or employment authorization provided by law or Federal Register notices, such as those for TPS applicants and beneficiaries pursuant to section 244 of the Act, 8 U.S.C. 1254a, and 8 CFR part 244.

To mitigate a gap in employment authorization, employees in the affected categories need to plan appropriately. They should file the EAD extensions as soon as they are statutorily able, which is 180 days prior to the current EAD expiration.

USCIS Implements $1,000 Immigration Parole Fee but Exempted Foreign Nationals with a Pending I-485 Adjustment of Status

Earlier this month, USCIS announced that it would be assessing and collecting a new $1,000 fee, as established by H.R. 1, for any individual who is paroled into the US and does not meet one of the exceptions.  One of 10 exceptions is critical in the employment-based and family-based immigration space.  The rule specifically exempts foreign nationals who are applicants for I-485 Adjustment of Status from the fee.

Contact us with questions about the $1,000 parole fee.

DOL Issues Important Update on Government Shutdown

For over a month, the Department of Labor has not been processing Labor Conditions Applications (LCAs for H-1B filings), PERM Petitions, and Prevailing Wage Determinations (PWDs necessary for PERM filings) due to the government shutdown.  On November 3, 2025, the DOL announced that LCA and PWD processing would resume, permitting H-1B and PERM petitions to be filed once again.

USCIS Releases Additional Guidance and Clarification on the Presidential Proclamation Regarding H-1B Petitions

On October 20, 2025, USCIS updated its website to provide additional information about which applicants are subject to the $100,000 H-1B fee imposed by the September 19, 2025, Proclamation entitled Restriction on Entry of Certain Nonimmigrant Workers. Under the Proclamation, certain H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, must be accompanied by an additional $100,000 payment as a condition of eligibility.

Who is subject to the $100,000 payment:

The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are located outside the United States and do not have a valid H-1B visa. The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.

In addition, if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests a change of status, amendment, or extension of stay--and USCIS determines that the alien is ineligible for a change of status or an amendment or extension of stay (e.g., is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request)--the Proclamation will apply and the payment must be paid as instructed by USCIS.

Who the Proclamation does not apply to:

• Previously issued and currently valid H-1B visas;
• Petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025.

In addition, the Proclamation does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States.

The Proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting:

• An amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension. Further, if an alien beneficiary later leaves the United States and applies for a visa based on the approved petition and/or seeks reentry on a current H-1B visa, they will not be subject to the payment.

Exceptions:

The Secretary of Homeland Security may grant exceptions to the $100,000 payment in extraordinarily rare circumstances—specifically, when an H-1B worker’s presence is in the national interest, there are no American workers available to fill the role, the alien worker does not pose a threat to the security or welfare of the United States, and requiring the payment on the alien's behalf would significantly undermine the interests of the United States.

While this guidance seems clear in defining who is subject to the additional $100,000 fee, it contradicts previous guidance that has been published by the government. We will continue to monitor this closely and release any policy changes as they develop.

Employees in Valid TN Status Should Be Prepared for Increased Scrutiny When Entering the US After Foreign Travel

Customs and Border Protection (CBP) has acknowledged that, upon entrance to the US, additional scrutiny is being given to TN petitions previously approved by USCIS at other ports of entry.  It has been stated that travelers should be prepared to re-document their application every time they travel. CBP recommends carrying a copy of supporting documents such as degrees, the employer’s support letter and a recent paystub. Copies should suffice. 

Contact us with questions on TN processing.

US Department of Labor Launches “Project Firewall”

On September 19, 2025, the Department of Labor announced its new “Project Firewall,” described as “an H-1B enforcement initiative that will safeguard the rights, wages, and job opportunities of highly skilled American workers by ensuring employers prioritize qualified Americans when hiring workers and by holding employers accountable if they abuse the H-1B visa process.”

Through Project Firewall, the Secretary of Labor will personally certify the initiation of investigations (aka Secretary-certified investigations), as opposed to the typical Wage and Hour Division (WHD) complaint-driven investigations, if reasonable cause exists that an H-1B employer is not in compliance. A finding of a violation may result in consequences such as the assessment of civil money penalties, and/or debarment from future use of the H-1B program for a period of time.

Contact us with questions about Project Firewall.

Current Status of TPS Venezuela Given Recent SCOTUS Decision

On October 3, 2025, the Supreme Court allowed the termination of the TPS designation for Venezuela to take immediate effect. The USCIS website has been updated to indicate that the 2021 designation of TPS that originally expired on September 5, 2025, has been terminated and will expire on November 7, 2025, with no further extensions anticipated.

As for the 2023 Designation (EADs that expired April 2025), this has now expired. Individuals covered by this designation no longer have work authorization. However, there appears to be one exception: Individuals who re-registered for TPS prior to February 5, 2025, and received any of the following TPS-related designations will maintain TPS and work authorization through October 2, 2026. 

1) Employment authorization documents (EADs)

2) Forms I-797, Notices of Action

3) Forms I-94 issued with expiration date of October 2, 2026

Be aware that the guidance provided by the government may change. We are monitoring the situation as it unfolds and will provide updates as they become available.

Executive Order 14351 Directing the Creation of a “Gold Card” Immigration Program has Not Yet Been Implemented, but Some Hints have been Dropped Concerning its Possible Content

Executive Order 14351 (EO) directs several federal agencies to create, by December 19, 2025, an expedited immigrant visa process to facilitate the entry of foreign nationals who voluntarily make an “unrestricted financial gift to the US government.” The applicable gifts are $1 million for an individual or $2 million for a corporation donating on behalf of an individual.

To date, no formal guidance has been issued.  The American Immigration Lawyers Association (AILA), the preeminent immigration bar in the US, has provided members with as much information as possible as we await formal guidance.  The key points are below.

• The Gold Card is not a new statutory immigrant visa (IV) category. The gift would be treated as evidence of the applicant’s eligibility under the EB-1 Business or EB-2 NIW categories, which leads AILA to believe that the evidentiary requirements are being expanded to include a financial contribution. “EB-1 Business” is difficult to interpret because it does not track the language in the statute and regulations.  For this reason, we do not know exactly which category will be affected by the Gold Card.  We also do not know whether the gift will be given more weight than other evidence presented.
• The Gold Card will draw visa numbers from the EB-1 and EB-2 categories, which will likely adversely impact visa number availability in these categories.
• The Gold Card prioritizes entry of “successful entrepreneurs, investors, and businessmen and women.” The EO directs agencies to consider expanding the Gold Card program to EB-5 applicants.

It is crucial to understand that this situation is fluid and all the above bullet points are subject to change.  We will provide updates as we receive them.