Updates regarding the H-1B $100K Proclamation, additional restrictions on visa appointments and the end of automatic extensions for employment authorization documents are included in this month’s edition of Immigration Insider.
The H-1B Lottery is Not Dead (Yet)
If you are looking for a quick answer as to whether it is worth entering the H-1B visa lottery for your existing employees due to the new $100,000 fee imposed on new H-1Bs, the answer is generally a resounding YES. However, the answer may be different if you are hoping to recruit new talent from abroad under the H-1B. READ MORE >>(goes to new website)
Third Country Visa Processing Restricted
On October 10, 2025, the U.S. Department of State announced that applicants for nonimmigrant visas must schedule their appointments in their country of nationality or residence. Previously, applicants were able to make appointments in third countries, if permitted by the individual Consulate, which alleviated concerns of long appointment wait times and the time required for lengthy travel. The Department of State noted that existing appointments would not be canceled, and that rare exceptions may be made for humanitarian emergencies or foreign policy reasons. Along with previous restrictions on visa appointment waivers, this change is likely to increase wait times at Consulates. Applicants are encouraged to schedule their appointments as early as possible.
Termination of Automatic Extension for Employment Authorization Documents
The Department of Homeland Security announced that individuals who file to renew their employment authorization document (EAD) on or after Oct. 30, 2025, will no longer receive an automatic 540-day extension of their work authorization. This automatic extension was implemented to allow foreign nationals to continue working despite government processing delays if their EAD renewal application was filed prior to the initial expiration. The individuals who will no longer be eligible for automatic extension include those with approved or pending asylum applications; spouses of H-1B status holders; foreign nationals who hold Temporary Protected Status; and applicants for a green card (adjustment of status). The STEM OPT 180-day extension is not impacted. Government processing times remain lengthy for employment authorization document applications. In order to provide the best chance for uninterrupted eligibility to work, applicants should file renewal applications as early as they are eligible to do so.
