H-1B Visas:
On September 19, 2025, the Trump Administration imposed a one-time $100,000.00 USD fee on certain new H-1B visa applications which are submitting beginning on September 21, 2025. While this fee update does not affect prior applicants, current H-1B visa holders, or other non-immigrant visa holders or lawful permanent residents, it financially restricts the ability of foreign workers to enter the U.S. on H-1B visa status.
The fee must be paid in connection with any new H-1B visa application where the intended beneficiary is outside the U.S. when filing. Importantly, this fee is not an annual or otherwise recurring event; nor does it affect H-1B extensions. Although guidance is unclear, National Interest Exemptions may still be granted case-by-case.
The U.S. Department of Homeland Security (DHS) also recently proposed significant alterations to the H-1B visa selection process, which, if put into effect, would enact a weighted-selection system favoring higher-wage roles instead of the existing lottery-style process. Employers must disclose information concerning the Occupational Employment and Wage Statistics (OEWS) wage rate for the proposed H-1B role. This proposal still permits H-1B issuance at various wage levels, but higher wage level roles would be entered into the lottery more times than lower wage level roles.
Additionally, the U.S. Department of Labor (DOL) received a new mechanism of discretionary compliance enforcement over H-1B visa issuances – “Project Firewall” permits the Secretary of Labor to investigate H-1B visa cases where it identifies a reasonable cause. Although more granular guidance is pending, we can expect “reasonable cause” to include suspicion of underpaying wages, misrepresentation of H-1B visa job scope, undue displacement of U.S. workers by incoming H-1B visa employees, and similar. In short, employers can anticipate increased scrutiny and/or investigations for H-1B petitions and associated job and wage classifications.
USCIS Discretion:
Side-stepping from updates specific to the H-1B visa process, U.S. Citizenship and Immigration Services (USCIS) has issued updates over the past two months confirming it may discretionarily deny U.S. entry to foreign individuals for expressing anti-American and/or antisemitic sentiments on social media. This discretion most likely also applies to any such sentiments expressed offline that are brought to USCIS’s attention.
Naturalization and Moral Character:
USCIS is also updating standards for naturalization applications. Good moral character was previously considered only in cases involving disqualifying evidence of poor moral character, such as criminal, drug, or other offenses. Now, USCIS will discretionarily consider whether a naturalization applicant possesses good moral character based on the body of evidence submitted with a given application. Items of consideration may include educational and professional achievements, tax compliance, and community involvement.
Brief Recommendations:
Employers should be intentional when considering H-1B visa hires and when deciding to go through any new H-1B process. We recommend maintaining proper records for all new H-1B visa processes to preemptively prepare to support compliance with the updated application procedures.
In light of updated USCIS discretion, we recommend that employers instruct foreign workers considering travel to the U.S. to ensure their social media use does not express anti-American or antisemitic sentiment.
Naturalization applicants may consider procuring at least one signed affidavit from a U.S. citizen attesting to their good moral character to support their application positively.
Please do not hesitate to contact Bridgehouse Law for bespoke guidance on these topics.
Cole Haaf, Attorney (NC, MA), BridgehouseLaw LLP
image: iStock
