NON-U.S. CITIZENS REQUIRED TO CARRY EVIDENCE OF LEGAL IMMIGRATION STATUS
Recent ICE enforcement activity is prompting reminders that non-U.S. citizens must carry original, physical proof of their lawful immigration status under federal law (INA § 264(e)). Failure to do so may result in fines or short-term detention. This update summarizes what documents to carry and what to do if approached by ICE.
USCIS Cancelling Certain EAD Automatic Extensions Effective Immediately
USCIS has issued an interim final rule (IFR) ending the automatic 540-day extension of certain Employment Authorization Documents (EADs). Effective immediately, only applicants with EAD receipt notices dated before October 30, 2025, remain eligible for the automatic extension. Employers and employees should plan for possible gaps in work authorization as adjudication times continue to range from four to nine months.
UPDATE: H-1B $100k fee Presidential Proclamation Details
USCIS has released additional details on the Presidential Proclamation requiring a $100,000 fee before filing H-1B petitions. The update clarifies that change-of-status petitions within the U.S. are exempt. Employers must pay via pay.gov and include proof of payment or an approved exception, or risk denial of their filing.
DHS Plans to Resume Processing of Initial DACA Applications Following Court Ruling
Following a federal appeals court ruling, DHS plans to resume processing initial DACA applications for the first time since 2021. While renewals remain unaffected nationwide, Texas residents face limited eligibility. Employers and applicants should stay alert for further court guidance.
Possible Government Shutdown: What Employers and Foreign Nationals Need to Know About Immigration Operations
With federal funding set to expire on September 30, 2025, a potential government shutdown could disrupt immigration operations. Employers should prepare for delays in labor certifications, E-Verify, and visa processing, while most USCIS services are expected to continue.
DHS Proposes Wage-Based Selection Process for H-1B Cap Lottery
DHS has proposed a new wage-based selection process for the H-1B lottery, giving higher-paid positions more chances of selection. The rule could significantly change employer strategies in future filings.
U.S. Government Clarifies Proclamation Only Applies to NEW H-1B Petitions
After widespread confusion, USCIS clarified that the $100,000 H-1B fee only applies to new petitions filed on or after September 21, 2025. Current visa holders with approved petitions or valid visas can continue to travel without impact. Employers and workers should still remain cautious as official guidance evolves.
Trump Administration Issues Proclamation Restricting H-1B Visa Program
President Trump’s latest proclamation imposes sweeping restrictions on the H-1B visa program, including a $100,000 fee for reentry and new travel limits. Employers and foreign workers should prepare immediately for the changes taking effect September 21, 2025.
Immediate Changes to Nonimmigrant Visa Processing Announced
The State Department has announced immediate changes to nonimmigrant visa processing. Applicants must now attend interviews in their country of nationality or residence, ending long-standing third-country processing.
Kane Vongsavanh Quoted in The Seattle Times on Laos Deportation Case
Kane Vongsavanh, founder and partner of Vong Law Group, was featured in The Seattle Times discussing a rare deportation case to Laos. He highlighted the increase in deportations and the importance of immigrants with removal orders preparing with experienced legal counsel.