U.S. Immigration Alerts

FGI UPDATE: This Week’s Summary of U.S. and Global Immigration News

US Immigration Updates

USCIS Clarifies $100,000 H-1B Fee

On September 19, 2025, former President Donald J. Trump issued a proclamation imposing a $100,000 supplemental fee on certain new H-1B visa petitions filed with U.S. Citizenship and Immigration Services (USCIS). The measure, which took effect at 12:01 a.m. EDT on September 21, 2025, immediately generated widespread concern among employers, foreign workers, and immigration attorneys. On October 20, 2025, USCIS released new guidance clarifying who will be subject to this fee and identifying several important exemptions.

Key Points

• The supplemental fee applies to new H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the United States who are not currently in valid H-1B status. This includes petitions requesting consular notification, port-of-entry notification, or pre-flight inspection for beneficiaries who will obtain H-1B status abroad.
• The fee does not apply to petitions seeking an amendment, change of status, or extension for individuals already inside the United States in valid non-immigrant status, provided the change or extension is granted. If the change or extension is not granted, the fee would apply.
• Individuals who already hold a valid H-1B visa issued before 12:01 a.m. EDT on September 21, 2025, are not subject to the fee and may continue to travel and re-enter the U.S. without penalty, and petitions filed before the effective date remain unaffected.
• Employers must submit payment through pay.gov before filing, and proof of payment or exemption must accompany the petition. 
• In “extraordinarily rare” cases, the Secretary of Homeland Security may waive the fee if the employment is in the national interest, no U.S. worker is available, no security risk is posed, and the fee would harm U.S. interests.
• For more information, please click on this USCIS link: H-1B Specialty Occupations | USCIS and then go to “Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers.”

US Chamber of Commerce Files Lawsuit Against $100,000 H-1B Fee

On October 16, 2025, the U.S. Chamber of Commerce (USCC) filed a lawsuit challenging the legality of the new $100,000 H-1B fee. USCC said that it believes the new fee “is unlawful because it overrides provisions of the Immigration and Nationality Act that govern the H-1B program, including the requirement that fees be based on the costs incurred by the government in processing visas.”

• Business Impact Concerns:
  USCC stated that it has “heard from many Chamber members—from small to large and across industries—regarding the tremendous negative impact that will be caused” by the new fee.
• Legal Argument:
  The lawsuit contends that the $100,000 fee violates existing law by imposing costs beyond what the government actually incurs to process H-1B applications.
• Publication of Supporting Report:
  On the same day the lawsuit was filed, USCC released a report titled H-1B Visas: What You Need to Know, summarizing decades of research on the economic effects of high-skill immigration. This report is available at: www.uschamber.com/workforce/h-1b-visas-what-you-need-to-know 
• Economic Evidence Cited:
  The report notes that high-skill immigration increases economic output and local wages while not reducing domestic employment. 
• Labor Market Context:
  USCC highlighted persistent labor shortages in computer, math, and engineering occupations as evidence of ongoing demand for specialized foreign talent.

SOURCE: U.S. Chamber Files Lawsuit to Support Businesses’ Use of H-1B Visas | U.S. Chamber of Commerce

DHS to Implement New Immigration Parole Fee

The Department of Homeland Security (DHS) is issuing a Federal Register notice to implement a new immigration parole fee required under the H.R. 1 Reconciliation Bill.

• The fee is $1,000 for FY 2025 and will be adjusted annually for inflation.
• It must be paid when an individual is paroled into the United States unless an exception applies.

DHS emphasizes that essential immigration operations will continue even during a government shutdown, ensuring lawful immigration is upheld.

The Federal Register notice provides details on:

• Effective date of the fee,
• Exceptions to the fee, and
• Consequences for non-payment.

Key Points

• From October 16, 2025, USCIS has been notifying applicants for parole or re-parole if the immigration parole fee applies and provide payment instructions and deadlines. Parole will not be granted unless the fee is paid as directed within the specified time frame.
• Applicants do not pay the immigration parole fee when submitting Form I-131 (Application for Travel Documents, Parole Documents, and Arrival/Departure Records). 
• The fee is collected only at the time of parole into the United States. For more information on collection procedures, see the Federal Register notice.
• HR-1 provides specific, narrow exceptions to the $1,000 fee including: several medical related exceptions; where an alien is a lawful applicant for adjustment of status under section 245 of the INA (8 U.S.C. 1255) and is returning to the United States after temporary travel abroad; for an immigration proceeding; where the alien has been granted the status of Cuban and Haitian entrant; or where the Secretary of Homeland Security determines that a significant public benefit has resulted or will result from the parole of an alien who has assisted or will assist the United States Government in a law enforcement matter where required.  

SOURCES: USCIS Announcement, October 15, 2025: www.uscis.gov/newsroom/alerts/uscis-implements-new-immigration-parole-fee-required-by-hr-1; Federal Register Notice: www.federalregister.gov/documents/2025/10/16/2025-19564/immigration-parole-fee-required-by-hr-1-reconciliation-bill 

NFAP Releases Policy Brief on Economic Impact of Trump Administration Immigration Policies

On October 17, 2025, the National Foundation for American Policy (NFAP) released a policy brief that states that the Trump administration’s policies on both legal and illegal immigration are projected to significantly reduce the size of the U.S. labor force, lower economic growth, and increase federal debt. The analysis draws on Congressional Budget Office (CBO) projections from January 2025 and assumes that the administration’s policies remain in effect through 2035.

Key Findings

• Labor Force Reduction
  • By 2028, U.S. labor force would decrease by 6.8 million workers: by 2035, by 15.7 million.
  • Legal immigration policies account for 2.8 million fewer workers in 2028 and 4.7 million in 2035.
  • Illegal immigration policies account for 4 million fewer workers in 2028 and 11 million in 2035.

• GDP Impact
  • Cumulative GDP would fall by $1.9 trillion from 2025–2028 and $12.1 trillion from 2025–2035.
  • Annual GDP growth projected to decline by nearly one-third, from an average 1.8% to 1.3% per year between FY 2025–2035.

• Federal Debt Increase
  • Federal debt held by the public projected to rise by $252 billion by 2028 and $1.74 trillion by 2035.
  • Debt-to-GDP ratio would increase from 105.4% (CBO baseline) to 112.4% in 2028 and from 118.5% to 129.2% by 2035.

• Policy Components Affecting Immigration
  • Policies include reduced refugee admissions, the 2025 travel ban, ending Temporary Protected Status and humanitarian parole programs, restricting work opportunities for international students, and public charge rules.
  • Analysis does not include potential additional effects of limiting access to high-skilled foreign workers, which historically contributed 30–50% of U.S. productivity growth from 1990–2010.

• Conservative Assumptions
  • NFAP estimates are likely understated, as they do not account for economic disruption from deportations, employer labor shortages, indirect effects on legal immigration, or reduced family-based immigration.
  • Deportation goals of one million per year could further reduce the labor force beyond the NFAP projections.

• Overall Economic Consequences
  • Lower workforce participation, slower economic growth, higher federal debt, and reduced productive capacity would collectively harm U.S. living standards.

SOURCE: NFAP Policy Brief National Foundation for American Policy, October 2025: nfap.com/research/new-nfap-policy-brief-the-economic-impact-of-the-trump-administrations-immigration-policies/

USCIS Announces Implementation of 2025 Naturalization Civics Test

Effective October 20, 2025, the U.S. Citizenship and Immigration Services (USCIS) will administer a new version of the naturalization civics test.

• Applicants who file Form N-400 before October 20, 2025, will take the 2008 version of the civics test.
• Applicants who file Form N-400 on or after October 20, 2025, will take the 2025 version, which is based on the 2020 civics test with modifications to its administration.

USCIS published a Notice of Implementation in the Federal Register in alignment with Executive Order 14161, “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats.”

In the Notice, USCIS states that in preparation for the 2025 test:

• Updated Naturalization Test study materials will be made available for applicants.
• The materials will include the 128-question bank, from which 20 questions will be randomly selected for each individual test, along with answers.
• The 2008 civics test study materials will remain temporarily on the USCIS website for applicants who will take that version based on their filing date.

Additional Information: USCIS initially announced the upcoming 2025 civics test on September 17, 2025. Further details on test updates can be found on the USCIS website.

SOURCE: www.uscis.gov/citizenship/find-study-materials-and-resources/check-for-test-updates

Global Immigration Updates

Portugal: Expired Residence Permits No Longer Valid Without Renewal

Effective 15 October 2025, expired residence permits in Portugal will no longer be considered valid unless the holder has already initiated the renewal process. This marks a change from previous years when automatic extensions were granted during exceptional circumstances such as the COVID-19 pandemic.

New Online Renewal System

Renewals can now be completed entirely online through the Agency for Integration, Migration and Asylum (AIMA, I.P.), without the need to visit an office in person. The reform is part of AIMA’s digital transformation initiative launched in July with the Mission Structure.

• Upon submission and payment of fees, applicants receive a temporary proof of renewal valid for 180 days.
• To date, more than 117,000 applications have been initiated through the new digital platform.
• AIMA may still require an in-person appointment if deemed necessary.

Advantages

• Fully digital process with no in-person scheduling or attendance required.
• Faster processing and greater accessibility.
• Immediate issuance of 180-day temporary proof of renewal.
• Helps reduce administrative backlog and improve efficiency.

Drawbacks

• No automatic extensions; expired permits without renewal requests are invalid.
• Travel risk, as holders without valid or renewed permits may face re-entry issues.
• Possible technical challenges for users unfamiliar with the online portal.
• Stricter review procedures and potential requests for additional documentation.

Travel Advisory

Individuals are strongly advised not to travel outside Portugal without a valid residence permit. Doing so may result in:

• Refusal of re-entry,
• Detainment or questioning by border authorities, or
• Disruption of legal status and residency rights within Portugal.

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.