USCIS Updates: H-1B Proclamation, Fee Changes & H-4 EADs | Rapid-Fire Wed 10.22 (078)

Summary

In this Rapid Fire Wednesday episode, Kimberly Bestido and co-host Nikki “Mickey” Matrition break down recent U.S. immigration updates for corporate mobility professionals. They explain USCIS guidance clarifying the new $100,000 H-1B proclamation fee (effective for petitions filed on/after Sept 21, 2025), who is exempt, and how national interest exceptions will be handled. They cover USCIS’s shift to debit/credit payments (no paper checks after Oct 28), a new $1,000 parole fee (effective Oct 16, 2025) with important carve-outs, and the Supreme Court’s Oct 14, 2025 decision leaving the H4 EAD program intact. The episode closes with event and subscription reminders.

Takeaways

• 💼 USCIS clarified that the new $100,000 H-1B fee applies only to new petitions filed on or after September 21, 2025, for workers outside the U.S. without valid H-1B visas.
• 🚫 The $100,000 fee does not apply to H-1B amendments, extensions, or change of status petitions filed and approved for individuals maintaining valid U.S. status.
• 🌍 Beneficiaries whose petitions are later approved as consular notifications (due to loss of valid status or travel) will become subject to the $100,000 fee.
• ⚖️ Lawsuits have been filed by the U.S. Chamber of Commerce and others challenging the legality of the H-1B fee proclamation, arguing it exceeds presidential authority.
• 💳 Beginning October 28, 2025, USCIS will no longer accept paper checks or money orders for filing fees; only ACH (Form G-1650) and credit card (Form G-1450) payments will be accepted.
• 💰 USCIS introduced a new $1,000 fee for certain parole applications effective October 16, 2025, which applies upon approval and entry into the United States.
• 🛂 Adjustment of status applicants with advance parole tied to green card applications are exempt from the new $1,000 parole fee.
• 🤝 The parole fee applies to humanitarian and discretionary parole categories, including Uniting for Ukraine, TPS, and DACA applicants seeking advance parole.
• 👩‍💼 The U.S. Supreme Court declined to hear the Save Jobs USA case, effectively upholding the H4 EAD program that allows certain H4 spouses to work in the U.S.
• 📊 Attorney Mickey Matrician will speak at WERC Global 25 in Salt Lake City on using benchmarking data to enhance global mobility strategy.
• 📢 The hosts encouraged viewers to follow WR Immigration and subscribe to their newsletter for ongoing immigration updates and insights.

Q & A

What are the key updates discussed in this episode of Rapid Fire Wednesdays?

The episode covers several immigration updates, including changes to the H-1B proclamation, the new USCIS payment methods, the introduction of a parole fee, and updates regarding the H-4 EAD program.

What is the $100,000 fee mentioned in the H-1B update, and who is it applicable to?

The $100,000 fee applies to new H-1B petitions filed on or after September 21st, 2025, for individuals outside the US who do not hold a valid H-1B visa. It applies to petitions requesting consular notification, port of entry notification, or pre-flight inspection for individuals who are not maintaining valid status in the United States.

Who is exempt from the $100,000 fee for H-1B petitions?

The $100,000 fee does not apply to petitions requesting amendments, extensions of stay, or change of status if the individual remains in the US during the petition process. Change of employer petitions or H-1B transfer petitions are also likely exempt, provided they are considered extensions of stay.

How should employers submit the $100,000 fee for H-1B petitions?

Employers should submit the $100,000 fee via pay.gov, as indicated by USCIS. The USCIS system now accepts this method for payment.

What is the new USCIS policy regarding filing fee payments?

As of October 28th, USCIS no longer accepts paper checks or money orders for filing fees. Instead, only debit and credit card payments are accepted, using forms G-1450 for credit card transactions and G-1650 for ACH (debit) transactions.

What is the new parole fee introduced by USCIS, and who does it affect?

USCIS has introduced a new $1,000 fee for certain categories of parole applications, effective immediately. This applies to individuals entering the US under parole or those seeking parole in place, such as people applying for humanitarian parole or people with temporary protected status (TPS).

Who is exempt from the $1,000 parole fee?

Individuals applying for parole under humanitarian cases like medical emergencies, those with close family members facing imminent death, or adopted children needing urgent medical treatment are exempt. Additionally, pending adjustment applicants (those filing for a green card from within the US) are not subject to the fee.

What is the significance of the US Supreme Court’s decision on the H4 EAD program?

On October 14th, 2025, the US Supreme Court declined to hear a case challenging the 2015 DHS rule that provides H-4 spouses of H-1B workers with the right to work. This decision upholds the H-4 EAD program, meaning it remains in effect.

How does the ruling on the H4 EAD program impact global mobility professionals?

The ruling provides clarity for HR and global mobility professionals, as it ensures that H-4 spouses of certain H-1B workers (those with an approved I-140 or extended H-1B status) can continue to apply for employment authorization. This decision also ensures the program is not at risk from future legal challenges.

What is the role of national interest exceptions (NIE) in H-1B petitions?

National Interest Exceptions (NIE) are granted in rare cases where it is determined that the presence of the H-1B worker in the US is in the national interest, and no American worker is available to fill the role. NIE requests should now be submitted with supporting evidence to a dedicated email address at [email protected].