1. Does the new $100,000 H-1B fee apply to transfers, amendments, or extensions?
The new fee applies mainly to new H-1B petitions filed on or after September 21, 2025 under the Presidential Proclamation on Entry Restrictions for Certain Nonimmigrant Workers (see USCIS FAQ and White House Proclamation).
Extensions with the same employer appear exempt, but guidance on transfers or amendments remains unclear.
2. Can employers pass the $100,000 H-1B fee to employees?
No. Existing wage regulations prohibit employers from shifting mandatory H-1B costs to workers. Legal experts warn that doing so could breach Department of Labor rules.
3. I’m on F-1/OPT moving to H-1B. Does the new fee affect me? Can I travel?
The USCIS H-1B FAQ confirms it does not restrict current visa holders from traveling, though pending COS applicants risk re-entry complications. Media reports from CBS News highlight widespread confusion among students and employers.
4. How does the October 2025 government shutdown affect PERM and LCAs?
The DOL FLAG system paused all PERM, LCA, and PWD filings during the shutdown.
Official practice alerts from AILA and Duane Morris confirm delays and manual filing workarounds.
5. How long are PERM processing times now, and will the shutdown make them worse?
Before the shutdown, PERM adjudications averaged ~15–16 months per DOL data.
Experts at RNLaw Group expect new backlogs once FLAG resumes operations.
6. Is USCIS still offering premium processing for I-129/I-140 filings?
Yes. USCIS continues to accept Form I-907 for eligible petitions, but no new suspension was announced during this period.
7. What’s new in the October and November 2025 Visa Bulletins for EB applicants?
The U.S. Department of State Visa Bulletin showed modest forward movement for EB-1 Worldwide and EB-2 India, while USCIS confirmed Dates for Filing should be used for AOS submissions.
8. Are USCIS site visits increasing for H-1B and OPT employers?
Yes. USCIS and practitioner reports note heightened FDNS inspections, particularly targeting remote-work arrangements and third-party worksites.
9. Is it safe for H-1B holders to travel internationally now?
Existing visa holders are not restricted by the proclamation, but those applying abroad must meet fee compliance conditions before consular issuance.
Refer to White House Proclamation and USCIS FAQ for official wording.
10. Will the new H-1B/L-1 Reform Act pass, and what changes would it bring?
The pending Senate Bill H.R. 5893 seeks shorter H-1B durations, higher wage thresholds, and stricter employer criteria.
It remains proposed, but immigration lawyers and HR forums continue close monitoring.
Key Points: What to Know About U.S. Employment-Based Immigration (Fall 2025)
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$100,000 H-1B Fee: Applies to new petitions filed after Sept 21 2025 under a White House Proclamation.
Existing H-1Bs and same-employer extensions are not affected.
See official USCIS FAQ. -
Employer Payment Rules: Employers cannot shift the fee to employees under DOL regulations; see analysis by Harris Sliwoski.
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Government Shutdown Effects: The DOL FLAG system halted LCAs, PWDs, and PERM filings in early Oct 2025; filings may resume only when funding returns.
Confirm status via AILA Practice Alert. -
PERM Delays: PERM adjudications averaged 15–16 months before the shutdown. Additional backlogs are expected once operations restart (RNLaw Group).
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Visa Bulletin 2025: The State Department’s November 2025 Bulletin shows modest progress for EB-1 Worldwide and EB-2 India; USCIS continues using “Dates for Filing.”
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Increased Site Visits: USCIS FDNS is expanding worksite inspections, especially for H-1B and OPT employers.
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Legislative Watch: The proposed H-1B/L-1 Reform Act of 2025 seeks shorter visa durations and higher wage floors—still pending in Congress.
Contact an Experienced Immigration Lawyer
If you’re an employer, international professional, or student affected by the new H-1B fee, PERM delays, or USCIS audits, now is the time to get expert guidance.
Attorney Richard T. Herman, founder of the Herman Legal Group, has over 30 years of experience helping businesses and individuals navigate complex employment-based immigration challenges.
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📘 Co-author of Immigrant, Inc. — a national book on how immigrants revitalize America’s economy.
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🌐 Learn more or schedule a confidential consultation through the official firm page: Book a Consultation Now.
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🕊️ Follow Richard on LinkedIn for real-time policy updates and analysis.
