USCIS Updated Guidance on H-1B $100,000 Payment Requirement

On October 20, 2025, Dept. of Homeland Security (DHS) provided additional guidance on the President’s Proclamation restricting the entry of certain H-1B nonimmigrant workers.

Who is subject to the $100,000 payment:

The $100,000 payment applies to H-1B petitions filed on or after September 21, 2025, at 12:01 a.m. EDT in the following situations:

• New H-1B petitions filed on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa.
• Petitions filed requesting consular notification, port of entry notification, or pre-flight inspection for a beneficiary in the United States.
• Petitions requesting a change of status, amendment, or extension of stay where USCIS determines the beneficiary is ineligible (for example, not in valid status or departs the U.S. before adjudication).

Who is NOT subject to the payment:

• Beneficiaries with previously issued and currently valid H-1B visas.
• Petitions filed before September 21, 2025, at 12:01 a.m. EDT.
• Petition amendments, changes of status, or extensions for beneficiaries inside the United States who are granted the requested benefit.
• Beneficiaries of such approved petitions who later depart the U.S. and apply for a visa or reenter on a current H-1B visa.

Exceptions are extremely limited and may be granted by the Secretary of Homeland Security only if the beneficiary’s presence is in the national interest, no American worker is available, the worker poses no threat, and requiring payment would significantly undermine U.S. interests. Employers seeking an exception should contact Monty & Ramirez’s experienced immigration team for guidance on how to submit exemption requests and supporting evidence to H1BExceptions@hq.dhs.gov

DHS Ends Automatic EAD Extensions — What Employers Should Know

On October 30, 2025, the DHS issued an interim final rule ending the automatic extension of Employment Authorization Documents (EADs) for most renewal applicants. Previously, employees who timely filed renewals could continue working for up to 540 days while USCIS processed their applications. Under the new rule, automatic extensions are no longer available for most categories.

This change increases the potential for work authorization gaps that can disrupt operations and create compliance risks. Employers should review current EAD holders in their workforce, ensure renewal applications are filed as early as possible, and adjust internal processes to prevent I-9 issues. The rule took effect immediately but remains open for public comment and potential revisions.

Certain exceptions apply such as F-1 OPT EAD holders renewing EADS under STEM OPT.

Monty & Ramirez LLP will continue monitoring this development and advise employers on best practices to stay compliant and minimize business disruption.

Department of Labor Resumes Processing of Foreign Labor Applications

The Department of Labor (DOL) has resumed processing employer requests for prevailing wages and labor certification determinations for both temporary and permanent employment in the United States. The Office of Foreign Labor Certification’s (OFLC) Foreign Labor Application Gateway (FLAG) system is now fully accessible, allowing users to prepare, submit, and track new applications as well as manage pending cases. Additionally, the SeasonalJobs.dol.gov platform, which lists H-2A and H-2B temporary job opportunities, has been restored to full operation. Employers must have approved labor certifications before filing certain visa petitions, and timely processing is essential to meet hiring and compliance requirements. OFLC is actively supporting stakeholders during this transition, though higher volumes of requests may result in longer processing and response times. Monty & Ramirez LLP will continue to monitor updates and provide guidance to employers navigating these processes.

DACA Update: Proposed Changes and New Key Date

More than half a million DACA recipients continue to benefit from protections and work authorization, even as the program’s future remains uncertain. A new proposal from the Trump administration would resume processing of initial DACA applications, with special restrictions for applicants residing in Texas. If approved, USCIS would review applications pending since July 16, 2021, but Texas residents applying for the first time would not be eligible for work authorization. Existing DACA recipients may see changes to their work authorization if they move to or from Texas. The proposal must first be approved by the district court, with a decision now expected no earlier than November 24, 2025. Monty & Ramirez LLP will continue monitoring these developments and share updates as they become available.

USCIS Implements New $1,000 Immigration Parole Fee Under H.R. 1 Reconciliation Bill

USCIS has begun implementing a new $1,000 immigration parole fee required under the H.R. 1 Reconciliation Bill, which went into effect October 16, 2025. The fee applies to individuals being paroled or re-paroled into the United States, unless they qualify for an exemption, and must be paid before parole can be granted. USCIS has clarified that the fee should not be submitted with Form I-131 but will instead be collected at the time of parole.

Certain exceptions apply, such as travelers with pending applications for adjustment of status for lawful permanent residency.

For questions on how this change may affect your business or employees, contact Monty & Ramirez LLP at 281-493-5529 to speak with an immigration attorney.

DHS Proposes Expanded Biometrics Requirements for Immigration Applicants

The U.S. Department of Homeland Security (DHS) has proposed new regulations that would expand the collection and use of biometrics for immigration purposes. Under the proposed rule, virtually all individuals, regardless of age, who are associated with an immigration benefit request or other DHS processes would be required to submit biometrics unless specifically exempted. The rule also clarifies how biometrics—including DNA—can be used and stored, expands collection authority after an alien arrest, and introduces an “extraordinary circumstances” standard for missed appointments. Changes would also affect how VAWA self-petitioners and T nonimmigrant applicants demonstrate good moral character. DHS is accepting public comments on this proposed rule through January 2, 2026, via the Federal Docket Management System. Monty & Ramirez LLP will continue to monitor developments and provide updates to clients as more information becomes available.

November 2025 Visa Bulletin

A. Dates for Filing for Employment-Based Visa Applications

For November 2025, USCIS announced it will use the Dates for Filing chart published by the Department of State.