Key Changes

• $100,000 Application Fee: Applies to new H-1B petitions filed on behalf of foreign nationals outside the United States after September 21, 2025.
• Proposed Higher Wage Requirements: The DOL will revise wage rules, requiring higher salaries for H-1B workers.
• Increased Scrutiny: The administration intends to protect U.S. workers and address perceived misuse of the H-1B program.
• Not Retroactive: The Department of State has clarified that the new fee does not apply to petitions filed before September 21, 2025.

Who Is Affected

• Employers filing new H-1B petitions for foreign nationals outside the U.S. as of September 21, 2025.
• H-4 dependents (spouses and children) may be indirectly affected if employers reduce H-1B sponsorships.
• Employers planning to hire foreign talent through the H-1B program in technology, engineering, healthcare, and similar fields – due to future lottery impacts.

Who Is Not Affected

• Current H-1B holders in the U.S. as of September 21, 2025.
• Individuals with valid H-1B visas traveling abroad within the visa’s validity period.
• Renewal petitions, regardless of whether they are filed after September 21, 2025. However, the government’s guidance in this area has been limited. It is still not clear whether change of status petitions will be subject to this new fee.
• Petitions filed before September 21, 2025, including those awaiting visa issuance or entry.

This is a rapidly developing area of law. Monty & Ramirez LLP will continue to monitor this development and provide updates as further guidance becomes available. For questions about how these changes could impact your business, contact our business immigration team at (281) 493-5529.

Federal Lawsuit Challenges $100,000 H-1B Visa Fee

A broad coalition of labor unions, healthcare providers, schools, and religious organizations has filed a federal lawsuit in California challenging the Trump administration’s recent executive order imposing a $100,000 fee for H-1B visas. The plaintiffs argue that the administration exceeded its authority, as only Congress may impose fees or taxes, and that the sudden increase will harm sectors far beyond technology. 

For businesses and organizations that rely on H-1B workers, this case underscores the continued volatility in immigration policy and the importance of staying proactive. For questions about how this development could impact your workforce, contact Monty & Ramirez LLP at 281-493-5529.

Supreme Court Decision to End TPS for Venezuelans: What Employers Need to Know

On October 3, 2025, the U.S. Supreme Court cleared the way for the Trump administration to end Temporary Protected Status (TPS) for Venezuelan nationals. The Department of Homeland Security (DHS) has announced a 60-day transition period – from September 8 to November 7, 2025 – as the required notice before TPS officially ends. Here is what this means for employers:  

1. Individuals classified under the 2021 TPS Venezuela designation have an automatic extension of employment authorization until November 7, 2025.  
2. Individuals who received an approved EAD on or before February 5, 2025, have an EAD that expires on October 2, 2026. 
3. Individuals classified under the 2023 TPS Venezuela designation who re-registered under the previously vacated January 17, 2025 extension of this designation and received an approved Form I-94 issued with October 2, 2026, expiration dates have employment authorization that extends up to 540 days. The approval of the Form I-94 must have been issued on or before February 5, 2025.  

DACA New Government Proposal Under Review

More than 500,000 DACA recipients currently have work authorization, but the program’s future remains uncertain. Since 2021, USCIS has not accepted new DACA applications. In January 2025, a federal court ruled DACA unlawful but allowed existing protections to continue temporarily.

A new government proposal would reopen DACA for first-time applicants, with special restrictions for employees living in Texas. Under the plan, USCIS will use an employee’s most recent address on record to determine eligibility. The proposal still requires court approval, with a decision expected no earlier than October 27, 2025.

If approved:

• New DACA applications can be submitted again.
• Employees whose state of residence is in Texas would not qualify for work authorization if they are first-time applicants.
• Current DACA employees would only see changes to work authorization if they move into or out of Texas.
• USCIS will verify employee addresses before processing applications.

Employers should review their workforce to understand which employees may be affected and stay updated on changes.

Trump Launches “Gold Card” Visa Program, Offering Green Cards for $1 Million Investment

President Donald Trump has unveiled the new “Trump Gold Card” visa, granting permanent U.S. residency and a path to citizenship in exchange for a $1 million investment – an 80% reduction from the initial $5 million proposal. The administration has positioned the program as a revenue-generating alternative to the EB-1 and EB-2 employment-based visas, shifting U.S. immigration priorities from job creation to wealth-based entry. Unlike the EB-5 visa, which requires investment in job-creating projects, the Gold Card involves a direct contribution to the government, with no employment impact. Employers should note that the program targets ultra-wealthy investors rather than skilled workers, meaning traditional work visa routes like H-1B and O-1 remain critical for global talent recruitment. Companies are encouraged to stay informed and proactive as this policy evolves.

Federal Government Shutdown Potential Impact: What Employers Should Know

The federal government shutdown is affecting multiple immigration-related agencies. USCIS remains open, funded through application fees, but DHS and EOIR are operating with limited staff, leading to delayed or postponed immigration court hearings. The Department of State (U.S. Embassies and Consulates abroad) continues visa processing operations abroad, but employers should expect slower processing times. State and local workforce programs may also face disruptions. Employers should plan for delays across petitions, certifications, and hearings until the government fully reopens.

DHS Streamlines H-2A Filing to Support U.S. Farmers

As of October 2, 2025, the Department of Homeland Security has implemented a new rule to simplify the filing process for agricultural employers seeking H-2A temporary agricultural workers. U.S. Citizenship and Immigration Services (USCIS) now begins processing petitions for unnamed beneficiaries once the Department of Labor issues a notice of acceptance of the Temporary Labor Certification (TLC) application—rather than waiting for final approval. Employers must use the newly developed Form I-129H2A to file electronically, giving them earlier access and greater flexibility in the process. While USCIS will not approve petitions until DOL grants the TLC, this change reduces delays and helps U.S. farmers secure the seasonal labor they need while continuing to safeguard opportunities for American workers.

USCIS Launches Electronic Fee Payments 

USCIS now allows filing fees to be paid electronically via direct debit from a U.S. bank account using Form G-1650, in addition to the existing credit card option with Form G-1450. Employers submitting petitions for employees should ensure accounts have sufficient funds, as denied transactions can result in rejected filings. Paper checks and money orders will be accepted only until October 28, 2025; after that, USCIS will accept only ACH debit or credit card payments. This change streamlines processing, reduces delays, and helps prevent lost or fraudulent payments, making petition management more efficient for employers.

October 2025 Visa Bulletin

A. Dates for Filing for Employment-Based Visa Applications

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