Business
Immigration Bulletin

The Department of Homeland Security announced an interim final rule, effective immediately, ending automatic extensions of Employment Authorization Documents (EADs) for most renewal applicants. Certain categories – such as TPS-related extensions – remain exempt. Without these automatic EAD extensions, many applicants may temporarily lose the ability to work while their renewal requests are pending. The rule is not yet final and may face legal challenges before full implementation.

USCIS updated their guidance on the $100,000 H-1B visa fee proclamation, outlining which petitions are subject to the fee and which are exempt. The update addresses filings made abroad, change of status requests, and existing H-1B approvals. Review this update carefully to understand how it may impact future filings and travel plans. Contact us for any questions on how this new $100,000 fee may impact you or your employees.

Regarding the September 19, 2025 Trump Administration Proclamation announcing a $100,000 fee for H-1B's, USCIS and CBP added that the proclamation only applies to new petitions filed September 21,2025 or later. H-1B extensions of stay inside the US are exempt from the proclamation according to USCIS, however we are awaiting explicit confirmation that an H-1B change of employer, change of status, and amended petitions are exempt. Travel outside of the US for visa processing/renewals will be impacted, so H-1B workers should refrain from all travel outside the continental US until implementation of the fee is further clarified. This year's H-1B lottery beneficiaries with approved petitions and a valid H-1B visa, should seek to enter the US as soon as possible. Stay tuned for more updates.

The Department of Labor Office of Foreign Labor Certification (OFLC) has updated its FAQs page. The page includes helpful information about PERM cases, prevailing wages, as well as H-1B, H-2B, H-1B1, and E-3 visas. Contact us if you have further questions about business immigration processes.

A federal judge in California has temporarily blocked DHS from terminating TPS protections for Venezuela and Haiti. TPS designations will be extended until at least February 3, 2026, for Haiti and October 2, 2026, for Venezuela. Venezuelan TPS holders must renew by September 10, 2025, to secure the extension. Contact Antonini & Cohen today for help protecting your status.

The Department of Homeland Security (DHS) announced the termination of the 2021 Temporary Protected Status (TPS) designation for nationals of Venezuela.
Venezuela's 2021 designation is set to expire on September 10, 2025. Contact us if you have any questions or concerns about how this termination may affect your status.

USCIS has updated its payment policy to expand debit card payments through Form G-1650, in addition to credit cards. Beginning October 28, 2025, the agency will no longer accept checks or money orders.

The U.S. Department of State updates their global visa wait times monthly. Monitor these wait times to schedule visa interviews in advance and avoid delays.

DOS will significantly limit interview waivers starting September 2, 2025. In-person interviews will be required for most visa categories (including E-1, E-2, F-1, H-1B, J-1, L-1, O-1) even for renewals. Some B-1/B-2 renewals will have interview waivers if processed in the country of nationality. Expect this to lengthen visa interview waiting periods.

USCIS has issued new guidance on how officers evaluate “good moral character” for naturalization applicants. Officers will now consider positive factors, not only the absence of negative behavior, when making decisions. A few examples of favorable factors include: paying taxes, caring for family, steady work, community involvement, and military service.