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Immigration News Briefs

Provided by Sadia Subhani

November 2025

Since the initial chaotic roll-out of the proclamation, much misinformation has been spread about the new fee for H-1B visas, in no small part due to the conflicting statements issued by members of the Trump administration.

The H-1B program offers 65,000 visas annually to employers bringing in temporary foreign workers in specialized fields, with another 20,000 visas for workers with advanced degrees. The visas are approved for a period of three to six years, and are extremely popular with Indian nationals. Indians comprised around 70% of all new H-1B approvals in both 2023 and 2024, with Chinese nationals at a distant second with 11-12% of all approvals. The majority of H-1B holders (65%) work in the IT field. The H-1Bs are a significantly important visa for both Indian and Chinese nationals partly due to the long backlogs associated with the issuance of employment-based Green Cards for those countries. The H-1B is one of the only mechanisms for citizens of those countries to work in the US while waiting out the visa backlogs for Green Cards.

A provision in the proclamation exempts some workers, companies, and even entire industries from the new $100,000 fee if they are deemed to support the "national interest" and are adjudged not to pose a threat to the security or welfare of the U.S. For now, however, it's unclear how to receive such an exemption, including which federal agency will be charged with approving it.

Who is not affected? Individuals for whom H-1B petitions were filed before September 21, 2025; those with valid H-1B visas (travel in and out of the U.S. is still permitted); H-1B extensions, amendments, and changes of employer petitions for those in H-1B status who remain in the U.S.

Cap-exempt employers (universities, nonprofits, research organizations) who file “new” petitions after September 21, 2025, including both change of status and consular notification petitions, will need to either pay the $100,000 fee or argue they meet national interest exception criteria. There has been no guidance on how this fee should be submitted.

Trump used the power given to the President under federal immigration law to restrict the entry of certain foreign nationals that would be detrimental to the interests of the United States. He said that high numbers of lower-wage workers in the H-1B program have undercut its integrity and that the program threatens national security, including by discouraging Americans from pursuing careers in science and technology. He said the “large-scale replacement of American workers” through the H-1B program threatens the country's economic and national security.

A lawsuit has already been filed by a coalition of companies and nonprofits. The lawsuit argues that Trump has no authority to alter the H1B program and cannot under the U.S. Constitution unilaterally impose fees, taxes or other mechanisms to generate revenue for the United States, saying that power is reserved for Congress.

APPLICATION FINAL ACTION DATES FOR NOVEMBER 2025

FAMILY	India	Pakistan/Bangladesh
1st	08Nov16	08Nov16
2A	01Feb24	01Feb24
2B	01Dec16	01Dec16
3rd	08Sep11	**08Sep11**
4th	01Nov06	08Jan08

EMPLOYMENT	India	Pakistan/Bangladesh
1st	15Feb22	Current
2nd	01Apr13	01Dec23
3rd	22Aug13	**01Apr23**
Other	22Aug13	15Jul21
4th	01Jul20	01Jul20
5th	01Feb21	Current1B

DATES FOR FILING VISA APPLICATIONS - NOVEMBER 2025

FAMILY	India	Pakistan/Bangladesh
1st	01Sep17	01Sep17
2A	22Oct25	22Oct25
2B	08Mar17	08Mar17
3rd	22Jul12	22Jul12
4th	15Dec06	01Mar09

EMPLOYMENT	India	Pakistan/Bangladesh
1st	15Apr23	Current
2nd	01Dec13	15Jul24
3rd	15Aug14	01Jul23
Other	15Aug14	01Dec21
4th	15Feb21	15Feb21
5th	01Apr22	Current1B