President Trump’s $100,000 H-1B Fee: Lawsuit and New Guidance

On Thursday, October 16, the U.S. Chamber of Commerce filed a lawsuit challenging President Trump’s $100,000 H-1B fee. MU posted its first blog on the $100,000 fee detailing the fee’s application last month.

The U.S. Chamber of Commerce, the nation’s largest business association and advocacy organization, brings this suit under claims that the fee exceeds the President’s authority and violates the Administrative Procedure Act (APA).

The lawsuit cites several studies and articles attesting that the H-1B program benefits the U.S. economy and is vital in addressing the U.S. labor shortage crisis. It also includes statements from businesses and investors regarding the devastating effects the proclamation will have on American businesses.

On Monday, October 20, USCIS updated its H-1B webpage with new guidance that the $100,000 fee is not required for petitions filed on behalf individuals who are already in the US on valid temporary status (such as an F-1, H-4, J-1, etc.).

The guidance also provided details on the type of case that may qualify for an exception from the fee and finally provided a mechanism for payment of the $100,000 fee.

MU will discuss these updates and more in detail during our free webinar on Tuesday, October 28, at 2PM Eastern. Register to attend!

WEBINAR: H-1B $100,000 Proclamation Updates

 MU will be hosting a FREE webinar on Tuesday, October 28th at 2PM Eastern for our friends and clients.  Please join us! 

Join us for this FREE webinar to learn more about:

• Who is Subject to the $100,000 Payment
•  Exception Criteria
• Litigation Updates

Please join us!

November 2025 Visa Bulletin: No Movement for Employment-Based Categories

The Department of State has just issued the November 2025 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

Table B: Dates for Filing

The USCIS will continue to use the Table B Dates for Filing chart for I-485 employment-based filings in November 2025. See: USCIS Visa Bulletin Dates

MU Law Analysis

EB-1, EB-2, EB-3: The Visa Bulletin for categories EB-1, EB-2, and EB-3 made no movement from October 2025 in either the Final Action Dates or Dates of Filing chart.

DOS Will Now Require Proof of Residence from Green Card Applicants

As discussed in an MU blog post last month, the U.S. Department of State (DOS) announced that, effective November 1, 2025, the National Visa Center (NVC) will only schedule immigrant visa (Green Card) interviews in an applicant’s country of residence or, if requested, country of nationality.

Related to the new policy, late last week, many Green Card applicants began receiving notices from DOS requesting proof of their residence.

The notices also explain that applicants may interview outside their country of residence and/or nationality only if experiencing special circumstances, which must be communicated to the NVC in specific terms before an interview can be scheduled. The DOS notices clarify that traveling to or residing temporarily in a third country in order to apply for a U.S. visa does not constitute a special circumstance.

Finally, although the notices request proof of residency, the notices indicate that applicants who interview outside their country of nationality may experience delayed visa processing.

MU is continuing to monitor DOS processes and trends related to its interview policy. If you have questions about your Green Card interview location or the evidence required by DOS, contact your MU legal team for assistance.

DHS Proposes Weighted Selection for the Highest Wages in H-1B Cap

On September 24, 2025, DHS published in the Federal Register a proposed new rule that would give priority to H-1B Cap candidates whose employer promises to pay the highest of the Occupational Employment Statistics (OES) wage levels.

The OES assigns wages from Levels I through IV for a particular position in a Metropolitan Statistical Area (MSA). An employer then chooses the appropriate wage level based on the experience and complexity of the position and files a Labor Condition Application (LCA) listing the appropriate OES wage.

According to DHS’s proposed rule, H-1B Cap registration candidates offered higher salaries would have a significantly greater chance of being selected in the H-1B cap than those offered lower wages. Specifically, higher wage levels would receive more entries in the selection pool: Wage Level IV (fully competent) would get four entries, Wage Level III (experienced) three entries, Wage Level II (qualified) two entries, and Wage Level I (entry-level) one entry.

While DHS notes its intent is to incentivize employers to offer higher wages to H-1B workers, clients should remember that a position’s wage level is also determined by the DOL’s wage level guidance. Therefore, not all H-1B positions are eligible for Level III and Level IV wages.

The proposed rule is currently accepting comments from the public until October 24, 2025, to which DHS will then respond and may alter some elements of the rule.

MU has prepared a comment to the proposed rule expressing strong opposition to replacing the current random lottery system with a weighted lottery. The proposed rule would make it more difficult for hospitals and clinics—especially those in rural areas and nonprofits—to recruit and retain essential healthcare staff such as nurses and medical technologists. MU maintains that the H-1B program is critical to address workforce shortages in the U.S. healthcare system.

WEBINAR: Business Immigration Hot Topics

MU will be hosting a FREE webinar on Tuesday, October 7th at 2PM Eastern for our friends and clients.  Please join us! 

Join us for this FREE webinar to learn more about:

• H-1B $100k Visa Fee
• H-1B Cap Employees October 1 Start Considerations
• USCIS H-1B Site Visit Trends   
• Visa Bulletin Fiscal Year 2026 Projections
• Healthcare Workforce Resilience Act

Please join us!