Background On September 19, 2025, the President issued a Proclamation under sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) imposing a $100,000 supplemental fee on certain H-1B petitions. The measure, effective 12:01 a.m. EDT on September 21, 2025, was announced as part of broader reforms intended to prioritize domestic employment opportunities and […]
Introduction Government shutdowns are not merely fiscal events; they have tangible legal and procedural consequences within the immigration landscape. When the U.S. Department of Labor (DOL) ceases operations due to lapse in appropriations, the statutory and regulatory ecosystem governing H-1B, PERM Labor Certification, and Prevailing Wage Determinations (PWDs) is effectively paralyzed. The DOL Office of
How the DOL Shutdown Affects H-1B and PERM Processing Timelines Read More »
In a world where hybrid work is the norm rather than the exception, LCA compliance must evolve accordingly. Employers must understand that flexibility in work arrangements does not equate to flexibility in legal obligations.
Best Practices for LCA Posting and Recordkeeping in Hybrid Work Environments Read More »
The suit challenges the constitutionality and legality of a presidential proclamation issued on September 19, 2025, by President Donald J. Trump, which imposes a $100,000 entry fee on all new H-1B visa applicants seeking admission to the United States.
$100,000 H-1B Fee Under Legal Challenge: Global Nurse Force v. Trump Read More »
Introduction For decades, Indian professionals have played a vital role in the U.S. economy’s reliance on high-skilled talent. The H-1B visa program under the Immigration and Nationality Act (INA) § 101(a)(15)(H)(i)(b) remains the primary pathway for specialty occupation workers, while employment-based green card categories under INA §§ 203(b)(2) and (b)(3) offer long-term permanent residence opportunities.
Introduction The H-1B visa program, created under the Immigration and Nationality Act (INA), has long functioned as a dual-purpose instrument: supplying U.S. employers with global talent in specialty occupations while embedding statutory safeguards to protect U.S. workers. For decades, when registrations exceeded statutory caps, the U.S. Citizenship and Immigration Services (USCIS) conducted a random lottery
The New Wage-Based H-1B Regime: Legal Framework, Risks, and Strategic Guidance Read More »
At Immigration Fleet Law Firm, we are closely monitoring this evolving situation. As of today, the Proclamation and related agency guidance represent one of the most significant shifts in H-1B policy in recent years. We will continue to track updates from the White House, DHS, USCIS, and DOS and will keep our clients and readers
Latest H1B $100K Fee- White House Proclamation and USCIS Guidance (September 2025) Read More »
Overview U.S. Citizenship and Immigration Services (USCIS) has intensified its enforcement of signature compliance requirements in H-1B petition filings. As a result, an increasing number of petitioners are receiving Notices of Intent to Deny (NOIDs) or outright denials of Form I-129—not due to deficiencies in the underlying eligibility, but solely because of technical issues with
The U.S. Department of State has announced a significant revision to its non-immigrant visa processing protocols, substantially narrowing eligibility for interview waivers. Effective September 2, 2025, most non-immigrant visa applicants will be required to attend in-person consular interviews, effectively reversing the pandemic-era discretionary authority that had permitted broader use of interview waivers. This policy change
Introduction The H-1B visa program serves as a pivotal mechanism for permitting foreign professionals to engage in specialty occupations within the United States. Given the considerable demand and annual statutory cap on H-1B visas, petition adjudication can be protracted. To address this, U.S. Citizenship and Immigration Services (USCIS) offers Premium Processing Service, a voluntary expedited
The Role of Premium Processing in H-1B Applications: Benefits and Limitations Read More »
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